Judge Salvatore Sirna, Case 20STCV04748 2023-02-09 Tentative Ruling

Judge: Salvatore Sirna, Case: 20STCV04748, Date: 2023-02-09 Tentative Ruling

The Court may change tentative rulings at any time. Therefore, counsel are advised to check this website periodically to determine whether any changes or updates have been made to the tentative ruling. Counsel may submit on the tentative rulings by calling the clerk in Department G at (909) 802-1104 prior to 8:30 a.m. the morning of the hearing.

Case Number: 20STCV04748 Hearing Date: February 9, 2023 Dept: G

Plaintiff Luis Martinez Moreno’s Motion to Compel Responses to Form Interrogatories, Set One against Defendant Jad Paul Lagana and Request for Sanctions

Respondent: Defendant Jad Paul Lagana

Plaintiff Alicia Moreno/Santander’s Motion to Compel Responses to Form Interrogatories, Set One against Defendant Jad Paul Lagana and Request for Sanctions

Respondent: Defendant Jad Paul Lagana

TENTATIVE RULING

Plaintiff Luis Martinez Moreno’s Motion to Compel Responses to Form Interrogatories, Set One against Defendant Jad Paul Lagana is DEEMED MOOT.

Plaintiff Alicia Moreno/Santander’s Motion to Compel Responses to Form Interrogatories, Set One against Defendant Jad Paul Lagana is DEEMED MOOT.

Plaintiff Luis Martinez Moreno’s Request for Sanctions Against Defendant Jad Paul Lagana is GRANTED. Sanctions are awarded in the amount of $510 and payable within thirty (30) days of the issuance of this order.

Plaintiff Alicia Moreno/Santander’s Request for Sanctions Against Defendant Jad Paul Lagana is GRANTED. Sanctions are awarded in the amount of $510 and payable within thirty (30) days of the issuance of this order.

BACKGROUND

This is a wrongful death action. On February 7, 2019, the son of Luis Martinez Moreno (Martinez Moreno) and Alicia Moreno/Santander (Moreno/Santander, collectively Plaintiffs) was hit and killed by a Metrolink train on Cogswell Road in the City of El Monte. On February 5, 2020, Plaintiffs filed a complaint against the City of El Monte, Los Angeles County Metropolitan Transportation Authority (LA Metro), County of Los Angeles, State of California acting by and through the California Department of Transportation (Caltrans), Metrolink acting by and through Southern California Regional Rail Authority (Metrolink), Jad Paul Lagana (Lagana), and Does 1-50, alleging the following causes of action: (1) liability of public entities and public employees pursuant to Government Code sections 815.2, 815.4, and 820; (2) dangerous condition of public property; (3) wrongful death; and (4) negligence.

On December 28, 2021, City of El Monte filed a cross-complaint against LA Metro, County of Los Angeles, Caltrans, Metrolink, and Roes 1-10, alleging the following causes of action: (1) equitable indemnity, (2) apportionment and contribution, and (3) declaratory relief.

On January 9, 2023, City of El Monte filed a motion for summary judgment on Plaintiffs’ complaint.

On January 11, 2023, Plaintiffs filed the present motions and also filed motions to compel responses to form interrogatories from Metrolink and LA Metro; to compel responses to special interrogatories from Lagana, LA Metro, and Metrolink; to compel responses to requests for production from Lagana, LA Metro, and Metrolink; and to deem admitted requests for admissions as to Lagana, LA Metro, and Metrolink.

On January 19, 2023, Metrolink filed a motion for summary judgment on Plaintiff’s complaint. On January 20, Lagana and LA Metro also filed motions for summary judgment on Plaintiff’s complaint.

A hearing on Martinez Moreno’s present motion is set for February 8, 2023, while a hearing on Moreno/Santander’s present motion is set for February 9.

Additional hearings for Plaintiffs’ other discovery motions are set for March 6, 2023 as well as March 7, 8, 9, and 13. Hearings on the motions for summary judgment are set for March 27 and April 4, 5, and 6, along with a mandatory settlement conference on April 6. A final status conference is set for June 5 and a jury trial is set for June 20.

ANALYSIS

Plaintiffs move to compel Defendant Lagana to provide responses to set one of Plaintiffs’ form interrogatories and request sanctions in the amount of $1,110 each.

Legal Standard

Pursuant to Code of Civil Procedure section 2030.290, subdivision (b), the propounding party may file a motion to compel responses to interrogatories if a response has not been received within 30 days of service. (Code Civ. Proc., § 2030.260, subd. (a).) If responses are untimely, the responding party waives objections. (Code Civ. Proc., §§ 2030.290.) The court shall impose monetary sanctions against any party, person, or attorney who unsuccessfully makes or opposes such orders to compel absent substantial justification or other circumstances that make imposition of sanctions unjust. (Code Civ. Proc., §§ 2030.290, subd. (c).) While the imposition of sanctions is mandatory, the court “has discretion to reduce the amount of fees and costs requested as a discovery sanction in order to reach a reasonable award.” (Cornerstone Realty Advisors, LLC v. Summit Healthcare Reit, Inc. (2020) 56 Cal.App.5th 771, 791 (Cornerstone).)

Discussion

On March 24, 2022, Plaintiffs’ counsel served Lagana with form interrogatories, set one from each plaintiff. (Solis Decl., ¶ 3.) When Plaintiffs’ counsel did not receive a response to the propounded discovery, Plaintiffs’ counsel emailed Lagana’s counsel on May 10, requesting discovery responses by May 24. (Solis Decl., ¶ 4.) On May 11, Plaintiffs’ counsel discovered Lagana’s counsel had moved to a different law firm and forwarded the discovery requests to Lagana’s counsel at counsel’s new email address. (Solis Decl., ¶ 5-7, Ex. 5.) Subsequently, Plaintiffs’ counsel received no discovery responses from Lagana’s counsel. (Solis Decl., ¶ 7.)

On January 27, 2023, over ten (10) months after Plaintiffs served the subject discovery requests, Lagana served responses to Plaintiffs’ form interrogatories. Plaintiffs’ counsel filed a reply that objected to Lagana’s “opposition” because it was filed untimely. The court notes the “opposition” file by Defendant simply proclaimed the motions moot since verified responses were being provided to Plaintiffs. Defendant’s opposition was devoid of any explanation regarding the late responses. Plaintiffs do not dispute that Lagana served verified discovery responses to the discovery requests at issue.

While the untimely filing of discovery responses after a motion to compel has been made does not divest the court of jurisdiction to hear the motion, an untimely response may nonetheless resolve the issues raised by the motion to compel. (Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 408-409.) Here, although Lagana included objections in Lagana’s discovery responses, the court finds Lagana provided a substantive response to each of Plaintiffs’ form interrogatories. Accordingly, Plaintiffs’ motions are DEEMED MOOT.

Sanctions

Plaintiffs each request sanctions in the amount of $1,110 against Lagana and/or Lagana’s counsel. (Ragan Decl., ¶ 14.) This amount includes a total of seven hours: 1.5 hours of meet and confer efforts, 3 hours in drafting the present motions, 1 hour in review of opposition, 0.5 hour for drafting reply, and 1 hour for appearing in court at an hourly rate of $150 plus $60.00 in filing fee costs.

Here, the court notes Plaintiffs’ motions were deemed moot. Nevertheless, “[t]he court may award sanctions under the Discovery Act in favor of a party who files a motion to compel discovery, even . . . the requested discovery was provided to the moving party after the motion was filed.” (Cal. Rules of Court, Rule 3.1348, subd. (a). The court finds that sanctions are warranted and justified under these circumstances. Defendant provided the court with no explanation or justification for the ten (10) month delay in providing responses to Plaintiffs.

Accordingly, utilizing a lodestar approach and in view of the totality of the circumstances, the court awards sanctions to each Plaintiff and finds reasonable attorney fees and costs in the amount of $510 for each Plaintiff ($450 for 2.0 hours drafting the motion, 0.5 hour for meeting and conferring, and 0.5 hour for preparing for and attending hearing at $150/hour plus $60 for filing fees.)

The amount of sanctions awarded in favor of Plaintiffs Luis Martinez Moreno and Alicia Moreno Santander and against Defendant Jad Paul Lagana is $1,020.00 ($510.00 to each plaintiff). Defendant to pay sanctions within thirty (30) days.