Judge: Thomas D. Long, Case: 21STLC01133, Date: 2022-10-20 Tentative Ruling

Case Number: 21STLC01133    Hearing Date: October 20, 2022    Dept: 48

 

 

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

CONNECT BY AMERICAN FAMILY,

                        Plaintiff,

            vs.

 

HAROLDO LOPEZ,

 

                        Defendant.

)

)

)

)

)

)

)

)

)

)

)

      CASE NO.: 21STLC01133

 

[TENTATIVE] ORDER GRANTING PLAINTIFF’S MOTION FOR ORDER COMPELLING ANSWERS TO PLAINTIFF’S FIRST SET OF FORM INTERROGATORIES AND REQUEST FOR SANCTIONS

 

Dept. 48

8:30 a.m.

October 20, 2022

 

On February 9, 2021, Plaintiff Connect By American Family filed this action against Defendant Haroldo Lopez.  On April 18, 2022, Plaintiff served Form Interrogatories on Defendant.  Plaintiff has not received any responses.  Plaintiff now moves to compel Defendant’s responses to the discovery request and seeks monetary sanctions.

When a party fails to serve timely responses to discovery requests, the court may make an order compelling responses.  (Code Civ. Proc., §§ 2030.290, 2031.300; Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 403.)   A party that fails to serve timely responses waives any objections to the request, including ones based on privilege or the protection of attorney work product.  (Code Civ. Proc., §§ 2030.290, subd. (a), 2031.300, subd. (a).)  Sanctions shall be imposed against the party who unsuccessfully makes or opposes a motion to compel, unless the party acted with substantial justification or the sanction would otherwise be unjust.  (Code Civ. Proc., §§ 2030.290, subd. (c), 2031.300, subd. (c).) 

Defendant did not serve responses to Plaintiff’s discovery and filed no opposition to this motion.  Accordingly, the motion to compel is GRANTED, and Defendant is ordered to serve verified responses, without objection, to Plaintiff’s Form Interrogatories within 21 days of this order.

The request for monetary sanctions is also GRANTED and imposed against Defendant in the amount of $1,411.65, to be paid within 21 days of this order.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit.  Parties intending to appear are encouraged to appear remotely and should be prepared to comply with Dept. 48’s new requirement that those attending court in person wear a surgical or N95 or KN95 mask.

 

         Dated this 20th day of October 2022

 

 

 

 

Hon. Thomas D. Long

Judge of the Superior Court