Judge: Steven A. Ellis, Case: 20STCV18722, Date: 2023-10-17 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: 20STCV18722    Hearing Date: October 17, 2023    Dept: 29

TENTATIVE

Defendant Steven Olson’s Motion to Compel Responses to Supplemental Request for Production of Documents is GRANTED.

Defendant’s request for monetary sanctions against Plaintiff is also GRANTED.

Background

This is an action arises from a trip and fall accident that allegedly occurred on June 24, 2018. On May 15, 2020, Plaintiff Jennifer Dacoda (“Plaintiff”) initiated this action against Defendants Steven Olson (“Defendant”) and Does 1 through 50, alleging the following a single causes of action for premise liability. On January 27, 2021, Defendant filed his answer.

On February 2, 2023, Defendant served Plaintiff with a Supplemental Demand for Production of Documents (Set One). (Petrosyan Decl., ¶ 5 & Exh. A.) Plaintiff never served responses. (Id., ¶ 12.)

On June 9, 2023, Defendant filed the instant motion compel Plaintiff to respond to Defendant’s Supplemental Request for Production of Documents. Defendant also request monetary sanctions against Plaintiff in the amount of the $60 the filing fee.

No opposition has been filed. 

Legal Standard

“In addition to the demands for inspection, copying, testing, or sampling permitted by this chapter, a party may propound a supplemental demand to inspect, copy, test, or sample any later acquired or discovered documents, tangible things, land or other property, or electronically stored information in the possession, custody, or control of the party on whom the demand is made.” (Code Civ. Proc. § 2031.050(a).)

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., § 2023.030, subd. (a).)

Discussion

On February 2, 2023, Defendant served Plaintiff with a Supplemental Demand for Production of Documents (Set One). (Petrosyan Decl., ¶ 5 & Exh. A.) Defendant reached out to Plaintiff, and counsel discussed the missing responses, but no responses were ever served. (Id., ¶¶ 7-12 & Exhs. B-F.)

Defendant need show no more. Defendant’s motion to compel is granted.

Defendant’s request for sanctions is also granted. The amount of sanctions requested is limited to the $60 filing fee. (Id., ¶ 14; Notice of Motion.)

Conclusion

Defendant’s Motion to Compel Responses Supplemental Request for Production of Documents is GRANTED.

Plaintiff is ORDERED to serve verified, code compliant, written responses, without objections, to Defendant’s Supplemental Request for Production of Documents (Set One) within 30 days of service of this order.

The request for monetary sanctions is GRANTED in the amount of $60. Plaintiff is ORDERED to pay monetary sanctions in the amount of $60 to Defendant within 30 days of service of this order. 

Moving party is ordered to give notice.