Judge: Stephen P. Pfahler, Case: 23CHCV00886, Date: 2023-12-12 Tentative Ruling
Case Number: 23CHCV00886 Hearing Date: December 13, 2023 Dept: F49
Dept.
F-49
Date:
12-13-23
Case
Number: 23CHCV00886
Trial
Date: Not Set
DOCUMENTS
MOVING PARTY: Plaintiff, Raul Gutierrez
RESPONDING PARTY: Defendant, Hector Vidal-Ramirez
RELIEF
REQUESTED
Motion
to Compel Responses to Request for Production of Documents
SUMMARY
OF ACTION
On
September 11, 2022, plaintiffs Raul and Maria Angelica Gutierrez were involved
in an automobile accident with defendant Hector Vidal-Ramirez. On March 27, 2023,
Plaintiffs filed a complaint for Negligence. Defendant answered on June 1,
2023.
RULING: Granted.
Plaintiff
Raul Gutierrez move to compel responses to Request for Production of Documents (set
one) served on Defendant Hector Vidal-Ramirez. Plaintiff represents service of Request
for Production of Documents (set one), 2031.300, subd. (a-b).) 2031.300, subd.
(c).
(set
one) on May 31, 2023. [Declaration of Stephanie Perez, ¶ 2, Ex. A.] According
to Plaintiff, at the time of the filing of the motion, no responses were
received. [Id., ¶ 8.]
Defendant
in opposition “anticipates” providing responses to Request for Production of
Documents by December 4, 2023. Responses are delayed due to internal issues
with the law firm.
The court electronic filing system shows no reply filed at
the time of the tentative ruling publication cutoff.
The motion is granted. Defendant Hector Vidal-Gutierrez is
ordered to serve verified responses to Request for Production of Documents (set
one) without objections within ten days. (Code Civ. Proc., § 2031.300, subd.
(a-b).) If Defendant presents proof of service of responses prior to the
hearing, the court will deem the order compelling responses moot.
Because the motion was required to prompt a promise for
responses, the court as a matter of policy imposes sanctions in the amount of
$250 against defendant and counsel joint and several, and payable within 30
days. (Code Civ. Proc., § 2031.300, subd. (c),)
Case Management Conference set for 2-21-24.
Plaintiffs to give notice.