Judge: Michelle C. Kim, Case: 23STCV26448, Date: 2024-06-04 Tentative Ruling

Case Number: 23STCV26448    Hearing Date: June 4, 2024    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

JOHN ABANTE and MARIANNE LEONOR, 

 

Plaintiff(s),¿¿ 

 

vs.¿ 

 

¿KRISTOPHER MARQUIS, ET AL.,¿ 

 

Defendant(s). 

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      CASE NO: 23STCV26448 

 

[TENTATIVE] ORDER RE: MOTIONS TO COMPEL DISCOVERY RESPONSES 

 

Dept. 31 

1:30 p.m.  

June 4, 2024 

 

I. MOTIONS TO COMPEL 

Defendant Kristopher Marquis (“Defendant”) served (1) form interrogatories, set one, (2) special interrogatories, set one, and (3) demand for production of documents, set one, on plaintiff John Abante (“Plaintiff Abante”) on February 29, 2024. To date, Plaintiff Abante has not served responses to the written discovery. Defendant therefore seeks an order compelling Plaintiff to respond, without objections, to the outstanding discovery and to pay sanctions.  

Any opposition was due on or before May 21, 2024; none have been filed.  

Defendant provides evidence that Plaintiff Abante was served with form interrogatories, set one, and demand for production of documents, set one. However, the declaration accompanying the motion compelling Plaintiff Abante’s responses to special interrogatories evinces service of special interrogatories to plaintiff Marianne Leonor only. (Rickett Decl. to SRoGs, Exh. A.) There is no evidence of special interrogatories propounded to Plaintiff Abante, as noticed in the moving papers. Therefore, the motion to compel Plaintiff Abante to serve responses to special interrogatories, set one, is DENIED without prejudice. 

In terms of the remaining two motions, because the evidence shows Plaintiff Abante was properly served with set one form interrogatories and demand for production of documents, the unopposed motions are GRANTED. Plaintiff Abante is ordered to serve verified responses to Defendant’s form interrogatories, set one, and demand for production of documents, set one, all without objections, within twenty (20) days. (CCP §§ 2030.290(a),(b), 2031.300(a),(b).) 

 

II. SANCTIONS 

Sanctions are mandatory against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a response, unless a court makes certain findings.¿ (Code Civ. Proc., § 2030.290(c), 2031.300(c).)¿Plaintiff Abante did not file any opposition. However, sanctions may be awarded, even though no opposition was filed, pursuant to CRC 3.1348(a). Defendant seeks sanctions in the amount of $572 for each motion to compel.    

A court has discretion to award sanctions that are “suitable and necessary to enable the party seeking discovery to obtain the objects of the discovery he seeks” but they should not be punitive in nature or levied for the purposes of punishing an offending party. (Vallbona v. Springer (1996) 43 Cal.App.4th 1525, 1545.)         

Defendant is awarded one hour for the motion to compel form interrogatories and demand for production of documents, and one hour to appear at the hearing (awarded only once), at the requested rate of $133 per hour for a total of $399 in attorney’s fees. Further, Defendant is awarded two motion filing fees of $40, for a total of $80 as costs.       

Sanctions are sought and imposed against Plaintiff Abante and his counsel, jointly and severally. Plaintiff Abante and/or his counsel are ordered to pay sanctions to Defendant, by and through counsel of record, in the total amount of $479, within twenty (20) days. 

 

Moving party is ordered to give notice.   

 

PLEASE TAKE NOTICE: 

  • The Court is not available to hear oral argument on this date.¿ If the parties do not submit on the tentative and want oral argument, the hearing will have to be continued, and the parties must work with the clerk to find an available date for the continuance.¿ 

  • Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement. 

  • If a party intends to submit on this tentative ruling,¿the party must send an email to the court at¿sscdept31@lacourt.org¿with the Subject line “SUBMIT” followed by the case number.¿ The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.¿¿ 

  • Unless¿all¿parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.¿ You should assume that others may appear at the hearing to argue.¿¿ 

  • If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.¿ After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave.¿ 

 

Dated this 3rd day of June 2024 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court