Judge: Robert B. Broadbelt, Case: 22STCV37588, Date: 2024-10-07 Tentative Ruling
Case Number: 22STCV37588 Hearing Date: October 7, 2024 Dept: 53
Superior Court of California
County of Los Angeles – Central District
Department
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October
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[tentative]
Order RE: defendant’s motion to compel responses to
requests for production of documents and for sanctions |
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MOVING PARTY: Defendant California Department
of Social Services
RESPONDING PARTY: Unopposed
Motion to Compel Responses to Requests for Production of Documents and
for Sanctions
The court
considered the moving papers filed in connection with this motion. No opposition papers were filed.
DISCUSSION
Defendant California Department of Social Services (“Defendant”) moves
the court for an order (1) compelling plaintiff Antoinette Morris (“Plaintiff”)
to serve responses, without objections, to Defendant’s Requests for Production
of Documents, Set One, and (2) awarding sanctions in favor of Defendant and
against Plaintiff in the amount of $440.
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).)¿¿
Defendant served Plaintiff with its Requests for Production of
Documents on June 22, 2023, by mail and email.
(Vallecillo Decl., Ex. A, PDF pp. 28-32 [Requests for Production], 33
[proof of service of Requests for Production].)
Pursuant to Plaintiff’s counsel’s request, Defendant granted Plaintiff an
extension to respond. (Vallecillo Decl.,
¶ 4.) Plaintiff did not serve timely
responses to the Requests for Production of Documents and had not served
responses as of the date that Defendant filed this motion. (Vallecillo Decl., ¶ 7.) Plaintiff did not file opposition papers or
other evidence with the court establishing that responses have since been
served.
The court therefore grants Defendant’s motion to compel Plaintiff’s
responses to its Requests for Production of Documents, Set One. (Code Civ. Proc., § 2031.300, subd. (b).)
The court grants Defendant’s request for monetary sanctions. (Code Civ. Proc., § 2031.300, subd.
(c).) The court finds that $440 (2 hours
x counsel’s $220 hourly rate) is a reasonable amount of sanctions to impose
against Plaintiff in connection with this motion. (Vallecillo Decl., ¶ 8.)
ORDER
The court grants defendant
California Department of Social Services’ motion to compel responses to
requests for production of documents and for sanctions.
Pursuant to Code of Civil Procedure
section 2031.300, the court orders plaintiff Antoinette Morris (1) to serve on
defendant California Department of Social Services full and complete verified
responses, without objections, to defendant California Department of Social
Services’ Requests for Production of Documents, Set One, that comply with Code
of Civil Procedure sections 2031.210-2031.250, and (2) to produce to defendant
California Department of Social Services all documents and things in plaintiff
Antoinette Morris’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
Antoinette Morris to pay monetary sanctions to defendant California Department
of Social Services in the amount of $440 within 30 days of the date of service
of this order.
The court orders defendant California
Department of Social Services to give notice of this ruling.
IT IS SO ORDERED.
DATED:
_____________________________
Robert
B. Broadbelt III
Judge
of the Superior Court