Judge: Robert B. Broadbelt, Case: 21STCV02859, Date: 2023-01-26 Tentative Ruling

Case Number: 21STCV02859    Hearing Date: January 26, 2023    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                Plaintiff Consumer Advocacy Group, Inc.

RESPONDING PARTY:        Unopposed

Motion to Compel Initial Responses to Requests for Production

The court considered the moving papers filed in connection with this motion.  No opposition papers were filed.   

DISCUSSION

Plaintiff Consumer Advocacy Group, Inc. (“Plaintiff”) moves the court for an order (1) compelling defendant Midland Hardware Company No. 4 (“Defendant”) to provide initial responses to Plaintiff’s Requests for Production, Set One, and (2) awarding sanctions in favor of Plaintiff and against Defendant in the amount of $1,747.50.

If a party to whom a demand for inspection is directed fails to serve a timely response, the party making the demand may move for an order compelling response to the demand.  (Code Civ. Proc., § 2031.300, subd. (b).)

Plaintiff served on Defendant its Requests for Production of Documents, Set One, on February 4, 2022.  (Rasiah Decl., ¶ 4; Rasiah Decl., Ex. A.)  Defendant did not provide timely responses, and had not provided responses to Plaintiff as of the date that Plaintiff filed this motion.  (Rasiah Decl., ¶ 5.)  Defendant has not filed an opposition or other evidence with the court establishing that responses have been served.

The court therefore grants Plaintiff’s motion to compel Defendant’s initial responses to its Requests for Production of Documents, Set One.  (Code Civ. Proc., § 2031.300, subd. (b).)

The court grants Plaintiff’s request for monetary sanctions against Defendant.  (Code Civ. Proc., § 2031.300, subd. (c).)  The court finds that $997.50 (2.5 hours x $375 hourly rate + $60 filing fee) is a reasonable amount of sanctions to impose against Defendant in connection with this motion.  (Rasiah Decl., ¶ 6.)

ORDER

The court grants plaintiff Consumer Advocacy Group, Inc.’s motion to compel initial responses to requests for production. 

Pursuant to Code of Civil Procedure section 2031.300, the court orders defendant Midland Hardware Company No. 4 (1) to serve on plaintiff Consumer Advocacy Group, Inc. full and complete verified responses, without objections, to plaintiff Consumer Advocacy Group, Inc.’s Requests for Production of Documents, Set One, that comply with Code of Civil Procedure sections 2031.210 through 2031.250, and (2) to produce to plaintiff Consumer Advocacy Group, Inc. all documents and things in defendant Midland Hardware Company No. 4’s possession, custody, or control which are responsive to those requests, within 20 days of the date of service of this order.

            The court grants plaintiff Consumer Advocacy Group, Inc.’s request for monetary sanctions against defendant Midland Hardware Company No. 4.  The court orders defendant Midland Hardware Company No. 4 to pay monetary sanctions in the amount of $997.50 to plaintiff Consumer Advocacy Group, Inc. within 30 days of the date of service of this order.  (Code Civ. Proc., § 2031.300, subd. (c).)  

IT IS SO ORDERED.

DATED:  January 26, 2023

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court