Judge: Robert B. Broadbelt, Case: 21STCV07940, Date: 2024-11-06 Tentative Ruling

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Case Number: 21STCV07940    Hearing Date: November 6, 2024    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                 Defendant City of Beverly Hills

RESPONDING PARTY:       Unopposed

Motion to Compel Further Responses to Requests for Production of Documents

The court considered the moving papers filed in connection with this motion.[1]  No opposition papers were filed.

DISCUSSION

Defendant City of Beverly Hills (“Defendant”) moves the court for an order (1) compelling plaintiff Aria Sonora Silva-Espinosa (“Plaintiff”) to serve further responses to Defendants’ Requests for Production of Documents, Set One, numbers 1-30, and (2) awarding monetary sanctions in favor of Defendant and against Plaintiff in the amount of $4,635.90.

The court denies Defendant’s motion to compel Plaintiff’s further response to Requests for Production of Documents, number 1 because that demand does not adequately designate the documents, tangible things, and electronically stored information to be copied by specifically describing each individual item or reasonably particularizing each category of item as required.  (Code Civ. Proc., § 2031.030, subd. (c)(1).)  

The court grants Defendant’s motion to compel Plaintiff’s further responses to Requests for Production of Documents, numbers 2-13, 15-27, and 30 because the objections in the responses to those demands are without merit.  (Code Civ. Proc., § 2031.310, subd. (a)(3).)

The court grants Defendant’s motion to compel Plaintiff’s responses to Request for Production of Documents, numbers 14 and 28 because Plaintiff did not serve responses to those demands.  (Code Civ. Proc., § 2031.300, subd. (b).)

The court denies Defendant’s motion to compel Plaintiff’s further response to Requests for Production of Documents, number 29 because that demand is unintelligible and does not identify where in the operative complaint that Plaintiff makes the alleged contention.

            The court grants Defendant’s request for monetary sanctions.  (Code Civ. Proc., § 2031.310, subd. (h).)  The court finds that $3,537 ((10 hours x $297 hourly rate) + (1.4 hours x $405 hourly rate)) is a reasonable amount of sanctions to impose against Plaintiff in connection with this motion.  (Smith Decl., ¶ 13.)

ORDER

            The court grants in part defendant City of Beverly Hills’s motion to compel further responses as follows.

            Pursuant to Code of Civil Procedure section 2031.310, the court orders plaintiff Aria Sonora Silva-Espinosa (1) to serve on defendant City of Beverly Hills further written responses that comply with Code of Civil Procedure sections 2031.210-2031.250 to defendant City of Beverly Hills’s Requests for Production of Documents, numbers 2-13, 15-27, and 30, and (2) to produce to defendant City of Beverly Hills all documents and things in plaintiff Aria Sonora Silva-Espinosa’s possession, custody, or control, which are responsive to those requests, within 20 days of the date of service of this order.

            Pursuant to Code of Civil Procedure section 2031.300, the court orders plaintiff Aria Sonora Silva-Espinosa (1) to serve on defendant City of Beverly Hills full and compete verified responses, without objections, and which comply with Code of Civil Procedure sections 2031.210-2031.250, to defendant City of Beverly Hills’s Requests for Production of Documents, numbers 14 and 28, and (2) to produce to defendant City of Beverly Hills all documents and things in plaintiff Aria Sonora Silva-Espinosa’s possession, custody, or control, which are responsive to those requests, within 20 days of the date of service of this order.

The court orders plaintiff Aria Sonora Silva-Espinosa to pay monetary sanctions to defendant City of Beverly Hills in the amount of $3,537 within 30 days of the date of service of this order.

            The court orders defendant City of Beverly Hills to give notice of this ruling.

IT IS SO ORDERED.

DATED:  November 6, 2024

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court