Judge: Steven A. Ellis, Case: 19STCV23705, Date: 2023-10-13 Tentative Ruling

DEPARTMENT 29 - LAW AND MOTION RULINGS IMPORTANT  (PLEASE SEND YOUR E-MAIL TO DEPT. 29 NOT DEPT. 2)

Communicating with the Court Staff re the Tentative Ruling 1. Please notify the courtroom staff by email not later than 9:30 a.m. on the day of the hearing if you wish to submit on the tentative ruling rather than argue the motion. The email address is SSCDEPT29@lacourt.org. Please do not use any other email address. 2. You must include the other parties on the email by "cc." 3. Include the word "SUBMISSION" in all caps in the Subject line and include your name, contact information, the case number, and the party you represent in the body of the email. If you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the motions. THE COURT WILL HEAR ARGUMENT UNLESS BOTH SIDES SUBMIT ON THE TENTATIVE.  4. Include the words "SUBMISSION BUT WILL APPEAR" if you submit, but one or both parties will nevertheless appear. 5. For other communications with Court Staff a. OFF-CALENDAR should appear in all caps in the Subject line where all parties have agreed to have a matter placed off-calendar. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) date of proceeding. b. CASE SETTLED should appear in all caps in the Subject line where all parties have agreed that the case has settled for all purposes. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) whether notice of settlement/dismissal documents have been filed; (c) if (b) has not been done, a date one year from the date of your email which will be a date set by the court for an OSC for dismissal of the case. c. STIPULATION should appear in all caps in the Subject line where all parties have stipulated that a matter before the court can be postponed. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) what proceeding is agreed to be postponed e.g. Trial, FSC; (c) the agreed-upon future date; (d) whether all parties waive notice if the Court informs all counsel/parties that the agreed-upon date is satisfactory. This communication should be used only for matters that are agreed to be postponed and not for orders shortening time. 6. PLEASE MAKE SURE THAT ALL COMMUNICATIONS WITH COURT STAFF DEAL ONLY WITH SCHEDULING AND ADMINISTRATIVE MATTERS AND DO NOT DISCUSS THE MERITS OF ANY CASE. (UPDATED 6/17/2020) 
IMPORTANT:  In light of the COVID-19 emergency, the Court encourages all parties to appear remotely.  The capacity in the courtroom is extremely limited.  The Court appreciates the cooperation of counsel and the litigants. 
ALSO NOTE:  If the moving party does not contact the court to submit on the tentative and does not appear (either remotely or in person), the motion will be taken off calendar.  THE TENTATIVE RULING WILL NOT BE THE ORDER OF THE COURT.

Case Number: 19STCV23705    Hearing Date: October 19, 2023    Dept: 29

TENTATIVE

The three motions to compel are GRANTED. The requests for sanctions are GRANTED in part.

Background

On July 9, 2019, Plaintiffs Jose Cruz, Reina Andino and Delmis Andino filed a complaint against Defendants Moses Cardona and Robertson’s Ready Mix alleging that Defendant Cardona was allegedly negligently operating a vehicle that collided with Plaintiffs’ vehicle on November 17, 2017. 

Legal Standard

A party must respond to requests for production of documents within 30 days after service. (Code Civ. Proc., § 2031.260, subd.(a).) If a party to whom requests for production of documents are directed does not provide timely responses, the requesting party may move for an order compelling response to the demand. (Id., § 2031.300, subd. (b).) There is no time limit for a motion to compel initial responses, and no meet and confer efforts are required. (See id., § 2031.300; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 411.) Nor must a separate statement be filed. (Cal. Rules of Court, rule 3.1345(b)(1).)  In addition, a party who fails to provide a timely response generally waives all objections.  (Code Civ. Proc., § 2031.300, subd. (a).)

When a party moves to compel initial responses to requests for production, “the court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes [the motion], unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.”  (Code Civ. Proc., § 2031.300, subd. (c).)

In Chapter 7 of the Civil Discovery Act, Code of Civil Procedure section 2023.010, subdivision (d), defines “[m]isuses of the discovery process” to include “[f]ailing to respond to or to submit to an authorized method of discovery.” Where a party or attorney has engaged in misuse of the discovery process, the court may impose a monetary sanction in the amount of “the reasonable expenses, including attorney’s fees, incurred by anyone as a result of that conduct.” (Code Civ. Proc., § 2023.020, subd. (a).)

Discussion

Defendant Robertson’s served Plaintiffs Jose Cruz, Reina Andino and Delmis Andino each with Requests for Production (Set One). (Kezbar Dec., ¶ 3.) Plaintiffs did not timely serve, and still have not served, written responses, despite multiple extensions and Plaintiffs’ reassurances that responses would be served. (Kezbar Dec., ¶¶ 3-14.)

Plaintiffs must respond to discovery requests properly served under the Civil Discovery Act. Accordingly, Defendant’s three motions to compel are GRANTED.

Defendant Robertson’s requests sanctions in the amount of $1,185 against each Plaintiff and Plaintiff’s counsel. Given the relatively straightforward nature of a motion to compel initial responses to discovery requests, and the economies of scale associated with preparing multiple discovery motions in the same case, the Court awards sanctions in the amount of $510 per motion, calculated as two hours of attorney time on each motion, multiplied by counsel’s billing rate of $225 per hour, plus a $60 filing fee. 

Conclusion

The Court GRANTS the three motions to compel.

Plaintiffs Jose Cruz, Reina Andino, and Delmis Andino are each ORDERED to serve code compliant, verified written responses to Requests for Production (Set One) within 30 days of notice of this order.

Plaintiff Jose Cruz and counsel of record the Halpern Law Firm are ORDERED, jointly and severally, to pay monetary sanctions in the amount of $510 under the Civil Discovery Act to Defendant within 30 days of notice of this order.

Plaintiff Reina Andino and counsel of record the Halpern Law Firm are ORDERED, jointly and severally, to pay monetary sanctions in the amount of $510 under the Civil Discovery Act to Defendant within 30 days of notice of this order.

Plaintiff Delmis Andino and counsel of record the Halpern Law Firm are ORDERED, jointly and severally, to pay monetary sanctions in the amount of $510 under the Civil Discovery Act to Defendant within 30 days of notice of this order.

Moving party is ordered to give notice.