Judge: Robert B. Broadbelt, Case: 21STCV22711, Date: 2023-02-24 Tentative Ruling

Case Number: 21STCV22711    Hearing Date: February 24, 2023    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                Plaintiff Marlyn Jimenez

RESPONDING PARTY:        Defendant Yuniva Torres

Motion to Compel Further Responses to Requests for Production of Documents

The court considered the moving, opposition, and reply papers filed in connection with this motion.

Plaintiff Marlyn Jimenez (“Plaintiff”) moves the court for an order (1) compelling defendant Yuniva Torres (“Defendant”) to provide further responses to Plaintiff’s Requests for Production of Documents, Set One, numbers 9, 10, 11, 12, 15, 16, 17, and 18, and (2) awarding monetary sanctions in favor of Plaintiff and against Defendant in the amount of $1,410.

The court notes that Defendant, in opposition, presents evidence establishing that she served supplemental responses on January 30, 2023.  (Duggan Decl., Ex. E.)  Plaintiff does not dispute that she received these responses, and instead contends that the responses are still deficient.  (Reply, p. 6:15-19.)  The court exercises its discretion to consider the supplemental responses served by Defendant on January 30, 2023.

The court grants Plaintiff’s motion to compel Defendant’s further responses to Requests for Production numbers 9, 10, 11, 12, 15, 16, 17, and 18 because Defendant’s representations of her inability to comply with these demands are inadequate, incomplete, and evasive.  (Code Civ. Proc., § 2031.310, subd. (a)(2).)

The court grants Plaintiff’s request for monetary sanctions against Defendant.  (Code Civ. Proc., § 2031.310, subd. (h).)  The court finds that $1,410 (3 hours x $450 hourly rate + $60 filing fee) is a reasonable amount of sanctions to impose against Defendant in connection with this motion.  (Liberatore Decl., ¶¶ 14-15.)

Pursuant to Code of Civil Procedure section 2031.310, the court orders defendant Yuniva Torres (1) to serve on plaintiff Marlyn Jimenez further written responses, without objections, to, Requests for Production numbers 9, 10, 11, 12, 15, 16, 17, and 18 in plaintiff Marlyn Jimenez’s Requests for Production of Documents, Set One, that comply with Code of Civil Procedure sections 2031.210-2031.250, and (2) to produce to plaintiff Marlyn Jimenez all documents and things in defendant Yuniva Torres’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 defendant Yuniva Torres to pay sanctions to plaintiff Marlyn Jimenez in the amount of $1,410 within 30 days of the date of service of this order.

The court orders plaintiff Marlyn Jimenez to give notice of this ruling.

IT IS SO ORDERED.

DATED:  February 24, 2023

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court