Judge: Thomas D. Long, Case: 24STCV15716, Date: 2025-05-08 Tentative Ruling

Case Number: 24STCV15716    Hearing Date: May 8, 2025    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On June 24, 2024, Plaintiff Alexes Barton filed this action against Defendant Planned Parenthood Los Angeles.

On November 8, 2024, Plaintiff served Requests for Production of Documents on Defendant.  Despite Plaintiff’s grant of an extension of time, on February 13, 2025, Defendant served untimely and unverified responses.  “[C]aselaw provides that an unverified response is tantamount to no response at all.”  (Melendrez v. Superior Court (2013) 215 Cal.App.4th 1343, 1348.)

On April 9, 2025, Plaintiff filed a motion to compel Defendant’s responses to Requests for Production of Documents.

On April 25, 2025, Defendant filed a response stating that “[n]o further action is necessary, as Defendant has produced the responsive documents in its possession, custody or control,” with production made on the same date.

The motion to compel responses is therefore DENIED AS MOOT.

The Court may award sanctions under the Discovery Act in favor of a party who files a motion to compel discovery even where the requested discovery was provided to the moving party after the motion was filed.  (California Rules of Court, rule 3.1348(a).)  Defendant’s production of responses only when faced with Plaintiff’s motion warrants sanctions.

Defendant is ORDERED to pay sanctions of $2,310.00 to Plaintiff within 30 days.

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.  If all parties in the case submit on the tentative ruling, no appearances before the Court are required unless a companion hearing (for example, a Case Management Conference) is also on calendar.

         Dated this 8th day of May 2025