Judge: Stephen I. Goorvitch, Case: 21STCV28101, Date: 2023-03-08 Tentative Ruling
Case Number: 21STCV28101 Hearing Date: March 8, 2023 Dept: 39
Dyneka Collier v.
1940 Carmen LLC, et al.
Case No.
21STCV28101
Motion to Compel
Plaintiff Dyneka Collier
(“Plaintiff”) moves to compel responses from Defendants 1940 Carmen LLC,
Alexaander G. Stein, and Esther Stein (“Defendants”) to: Form Interrogatories,
set one (“FROG”); Special Interrogatories, set one (“SROG”); and Requests for
Production, set one (“RPD”). Plaintiff
served the FROG, SROG, and RPD on Defendants on January 25, 2022, by electronic
service. Defendants’ responses were thus
due by February 28, 2022. Plaintiff’s
counsel filed this motion almost one year later, on February 9, 2023.
Defendants’ counsel filed a
declaration citing a variety of issues between September 4, 2021, and the
present, and asks the Court to continue the hearing and consider his
declaration in opposition. The Court
declines to consider the hearing but will consider the untimely opposition. However, it does not change the Court’s view
of the issue: Discovery responses were due over one year ago, and there is no
good cause for the failure to provide discovery responses during that time
period, especially considering that trial is set for April 25, 2023.
Plaintiff’s counsel seeks sanctions
in the amount of $2,200 against Defendants and Defendants’ counsel. The Court finds an abuse of the discovery
process warranting sanctions. The Court
finds the requested amount to be fair and reasonable under the
circumstances. Therefore, the Court
grants the request.
Based upon the foregoing, the Court
orders as follows:
1. Plaintiff’s
motion is granted. Defendants shall
provide all discovery responses, without objections, within thirty (30) days.
2. Defendants
and Defendants’ counsel, Frank A. Weiser, Esq., shall pay sanctions in the
amount of $2,200, jointly and severally, within thirty (30) days.
3. Plaintiff’s
counsel shall provide notice and file proof of such with the Court.