Judge Olivia Rosales, Case 19STCV04332 2022-12-20 Tentative Ruling

Judge: Olivia Rosales, Case: 19STCV04332, Date: 2022-12-20 Tentative Ruling

DEPARTMENT SE-C LAW & MOTION PROCEDURES ARE AS FOLLOWS: APPEARANCES: The Court will hear oral arguments on all matters at the scheduled time of hearing. If all counsel intend to submit on the Tentative Order and do not want oral argument, please advise the clerk, in Department “C”, by calling (562-345-3702). If all sides submit on the Tentative Order and the clerk is so advised, the Tentative Order will become the final order of the court and the prevailing party shall give written Notice of Ruling per CRC 3.1312. If the Moving and Responding parties do not agree to submit on the Tentative Order, the motion will be called as calendared for hearing. There is no need to contact Department “C”, as the matter will remain on calendar for hearing. If the Moving party does not call Department “C” to submit on the Tentative Order and there is no appearance by any party, then the motion(s), at the Court’s discretion, may be taken off calendar without ruling on the motion(s). ORDERS: The minute order reflecting the Court’s Order will constitute the final Order. No additional orders should be submitted to the Court for signature unless required by law or by the Court. Prevailing party shall give written Notice of Ruling per CRC 3.1312. Minute orders, which constitute the final Order of the Court, will only be sent to the parties via U.S. mail for the following: OSC re: sanctions, OSC re: contempt or matters taken under submission after oral arguments or briefing. Counsel or parties may request copies of all other minute orders/final orders either at the clerk’s office or in writing. If a request is in writing, a self-addressed stamped envelope and the appropriate fee for copies shall be submitted.

Case Number: 19STCV04332 Hearing Date: December 20, 2022 Dept: SEC

REDWOOD FIRE AND CASUALTY INSURANCE COMPANY v. DIKE, et al.

CASE NO.: 19STCV04332

HEARING: 12/20/22 @ 10:30 AM

JUDGE: OLIVIA ROSALES

TENTATIVE RULING

I. Plaintiff Redwood Fire and Casualty Insurance Company’s unopposed motion to compel Fox Staffing Agency, Inc.’s responses to supplemental interrogatories, set two is GRANTED.

II. Plaintiff Redwood Fire and Casualty Insurance Company’s unopposed motion to compel Fox Staffing Agency, Inc.’s responses to form interrogatories, set two is GRANTED.

III. Plaintiff Redwood Fire and Casualty Insurance Company’s unopposed motion to compel Fox Staffing Agency, Inc.’s responses to request for production of documents, set two is GRANTED.

Defendant Fox Staffing Agency, Inc. is ordered to provide responses, without objections, within 20 days. Sanctions are imposed against Fox Staffing Agency, Inc. in the reasonable sum of $1,710.00, payable within 30 days.

Moving Party to give NOTICE.

Plaintiff Redwood Fire and Casualty Insurance Company moves to compel responses to form and special interrogatories, and request for production of documents pursuant to CCP §§ 2030.290 and 2031.300.

CCP §§ 2030.290(b) and 2031.300(b) allow the propounding party to file a motion to compel responses to interrogatories and document requests if a response has not been received. If responses are untimely, responding party waives objections. (CCP §§ 2030.290(a), 2031.300(a).)

On February 10, 2022, Plaintiff served form interrogatories, special interrogatories and request for production of documents. Defendant failed to serve timely responses.

Accordingly, the motions are GRANTED. Defendant Fox Staffing Agency, Inc. is ordered to provide responses, without objections, within 20 days.

Sanctions: CCP §§ 2023.010(d), 2030.290(c), and 2031.300(c) authorize the court to impose sanctions for failure to respond to discovery without substantial justification.

Sanctions are warranted because Defendant failed to serve timely responses. The court finds Plaintiff’s total request of $1,710.00 is reasonable and there is no opposition. Accordingly, sanctions are imposed against Fox Staffing Agency, Inc. in the reasonable sum of $1,710.00, payable within 30 days.