Judge: Shirley K. Watkins, Case: 22VECV01412, Date: 2023-01-12 Tentative Ruling

If ALL parties submit on the tentative, then no appearance is necessary unless some other matter (i.e., Case Management Conference) is on calendar. It is not necessary to call the court to request oral argument. Oral argument is permitted on all tentative rulings.

Case Number: 22VECV01412    Hearing Date: January 12, 2023    Dept: T

Tentative ruling - Discovery Motions

Nishinian v Cabrera 22VECV01412

Please take note that Dept. T REQUIRES meet and confer before filing all discovery motions, including when there is no response.

Motion to compel defendant to attend his deposition:  Granted.  Deposition to take place in person or by video conference on 1/19/2023 at 9:30 a.m. at location to be provided by plaintiff's counsel no later than 4:30 pm on 1/13/2023. The parties may stipulate in writing to a different date and time, and that it shall be pursuant to court order. Plaintiff to provide Spanish interpreter.  Monetary sanctions per CCP section 2025.450, 2025.480 in the sum of $2,960 (of which $1,300 is attorney fees) against defendant Leoncio Arturo Cabrera aka Leoncio Cabrera and his attorney Antonio Gallo, jointly and severally, for discovery abuse without substantial justification, payable by certified check or money order to the Client Trust Account of Fisher Law Corporation, 5850 Canoga Avenue, Suite 400, Woodland Hills CA 91367 by 1/25/2023.

Motion to compel defendant to produce documents:  Granted.  Defendant is to serve verified written Code compliant responses to the Request for Production Sets 1 and 2 and to produce paginated documents with the response stating which pages are responsive to which request by 1/17/2023.  The court does not order any documents which constitute attorney client privilege, as that privilege belongs to the client and there is no evidence he intentionally waived that privilege. Monetary sanctions per CCP section 2023.010 and 2031.300 in the sum of $1,035 (of which $975 is attorney fees) against defendant Leoncio Arturo Cabrera aka Leoncio Cabrera and his attorney Antonio Gallo, jointly and severally, for discovery abuse without substantial justification, payable by certified check or money order to the Client Trust Account of Fisher Law Corporation, 5850 Canoga Avenue, Suite 400, Woodland Hills CA 91367 by 1/25/2023.

Motion to deem Request for Admissions admitted: Grant. Requests for Admissions, Set 1, is deemed admitted.  Monetary sanctions per CCP section 2023.010 and 2031.300 in the sum of $1,035 (of which $975 is attorney fees) against defendant Leoncio Arturo Cabrera aka Leoncio Cabrera and his attorney Antonio Gallo, jointly and severally, for discovery abuse without substantial justification, payable by certified check or money order to the Client Trust Account of Fisher Law Corporation, 5850 Canoga Avenue, Suite 400, Woodland Hills CA 91367 by 1/25/2023.

Motion to compel answers to Form Interrogatories, Set 1: Granted. Defendant is to serve verified answers without objection to Form Interrogatories, Set 1. by 1/17/2023. Monetary sanctions per CCP section 2030.290, 2023.030 in the sum of $2,060 (of which $2,000 is attorney fees) against defendant Leoncio Arturo Cabrera aka Leoncio Cabrera and his attorney Antonio Gallo, jointly and severally, for discovery abuse without substantial justification, payable by certified check or money order to the Client Trust Account of Fisher Law Corporation, 5850 Canoga Avenue, Suite 400, Woodland Hills CA 91367 by 1/25/2023.

OTHER ORDERS:

Also, the court sets an OSC why Antonio Gallo should not be sanctioned pursuant to CCP section 177.5 in the sum of $250 for failing to comply with the court's order of 12/12/2022 to meet and confer after the motion was filed and prior to the court hearing.  OSC is set for ___________, 2023 at 8:30 a.m. in Dept. T.  Written response to the OSC is due to be filed no later than close of business on ____________.

Mr. Fisher is directed to act with civility in his communications with opposing counsel and in pleadings.  According to the State Bar, an attorney should not make ad hominem attacks on opposing counsel.  Unless at issue or relevant in a particular proceeding, an attorney should avoid degrading the intelligence, ethics, morals, integrity, or personal behavior of others.

The court sets this matter for a jury/non-jury trial on ___________, 2023 at 9:30 a.m.  Final Status Conference shall be on ____________, 2023 at 8:30 a.m.  PRIOR TO the Final Status Conference, each side is to serve and file an Exhibit List, Witness List, Statement of the Case, Verdict form, 5 sets of exhibits tabbed and indexed in notebooks delivered to Dept. T, jury instructions, fully edited, printed and delivery to the courtroom.  The documents are not joint.