Judge: Robert B. Broadbelt, Case: 21STCV02859, Date: 2023-01-31 Tentative Ruling
Tentative rulings are sometimes, but not always, posted. The purpose of posting a tentative ruling is to to help focus the argument. The posting of a tentative ruling is not an invitation for the filing of additional papers shortly before the hearing.
Case Number: 21STCV02859 Hearing Date: January 31, 2023 Dept: 53
Superior Court of California
County of Los Angeles – Central District
Department
53
|
vs. |
Case
No.: |
21STCV02859 |
|
|
|
|
|
Hearing
Date: |
January
31, 2023 |
|
|
|
|
|
|
Time: |
|
|
|
|
|
|
|
[Tentative]
Order RE: motion to compel initial responses to special
interrogatories |
||
MOVING PARTY: Plaintiff Consumer Advocacy
Group, Inc.
RESPONDING PARTY: Unopposed
Motion to Compel Initial Responses to Special Interrogatories
The court
considered the moving papers and supplemental declaration 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 Kittrich Corporation (“Defendant”) to
serve initial responses to Plaintiff’s Special Interrogatories, Set One, and
(2) awarding sanctions in favor of Plaintiff and against Defendant in the amount
of $1,747.50.
If the party to whom interrogatories are directed fails to serve a
timely response, the propounding party may move for an order compelling
response to the interrogatories.¿ (Code Civ. Proc., §¿2030.290, subd.
(b).)¿¿
Plaintiff served on Defendant its Special Interrogatories, Set One, on
February 4, 2022. (Yeroushalmi January
30, 2023 Decl., ¶ 2, Ex. A.) Defendant
did not timely serve responses, and had not served responses as of the date
Plaintiff filed this motion. (Rasiah Decl., ¶¶ 3,
5.) Defendant has not filed an
opposition or other evidence with the court to establish that responses have
been served. The court therefore grants
Plaintiff’s motion to compel Defendant to serve responses to Plaintiff’s
Special Interrogatories, Set One. (Code
Civ. Proc., § 2030.290, subd. (b).)
The court grants Plaintiff’s request for monetary sanctions against
Defendant. (Code Civ. Proc., § 2030.290,
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.)
The court grants plaintiff Consumer Advocacy Group, Inc.’s motion to
compel initial responses to special interrogatories.
Pursuant to Code of Civil Procedure section 2030.290, the court orders
defendant Kittrich Corporation to serve on plaintiff Consumer Advocacy Group,
Inc. full and complete verified answers, without objections, to plaintiff
Consumer Advocacy Group, Inc.’s Special Interrogatories, Set One, that comply
with Code of Civil Procedure sections 2030.220 and 2030.250, subdivisions (a)
and (b), 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 Kittrich Corporation.¿ The court orders
defendant Kittrich Corporation 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., § 2030.290, subd. (c).)¿¿¿¿
The court orders plaintiff Consumer Advocacy Group, Inc. to
give notice of this ruling.
IT IS SO ORDERED.
DATED:
_____________________________
Robert
B. Broadbelt III
Judge
of the Superior Court