Judge: Thomas D. Long, Case: 22STCV17459, Date: 2023-03-16 Tentative Ruling

Case Number: 22STCV17459    Hearing Date: March 16, 2023    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On March 26, 2022, Plaintiff Bahram Rasizadeh filed this action against Defendant Schuster Real Estate Co., Ltd.  On January 16, 2023, Plaintiff served Special Interrogatories, Set One 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 Special Interrogatories, Set One within 21 days of this order.

The request for monetary sanctions is also GRANTED and imposed against Defendant in the amount of $1,450.00, 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 16th day of March 2023