Judge: Robert B. Broadbelt, Case: 21STCV02859, Date: 2023-02-02 Tentative Ruling
Case Number: 21STCV02859 Hearing Date: February 2, 2023 Dept: 53
Superior Court of California
County of Los Angeles – Central District
Department
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21STCV02859 |
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February
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[Tentative]
Order RE: motion to compel initial responses to
requests for production |
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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 and the 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
provide initial responses to Plaintiff’s Request for Production of Documents,
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 electronically served Defendant with its Requests for
Production of Documents, Set One, on February 4, 2022. (January 30, 2023 Yeroushalmi Decl.,
¶ 2, Ex. A.) Defendant did not
serve timely responses and had not provided 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 establishing that responses have
been served.
The court therefore grants Plaintiff’s motion to compel Defendant’s
initial responses to Plaintiff’s 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 Kittrich Corporation (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 Kittrich Corporation’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 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., § 2031.300, 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