Judge: Virginia Keeny, Case: 24STCV03713, Date: 2025-03-17 Tentative Ruling

Case Number: 24STCV03713    Hearing Date: March 17, 2025    Dept: 45

J.M., ET AL. V. ERWIN ALEXANDER MAJANO, ET AL.

(1) motion to compel defendant city of los angeles to provide responses to plaintiff’s third request for production of documents; request for sanctions

(2) motion to compel defendant city of los angeles to provide responses to plaintiff’s second request for production of documents; request for sanctions

Date of Hearing:          March 17, 2024                       Trial Date:       January 20, 2026

Department:               45                                            Case No.:         24STCV03713

Moving Party:             Plaintiff J.M., by and through his guardian ad litem, Maria                                                   Guadalupe Serrano

Responding Party:       None.  Plaintiff filed a Notice of Non-Opposition to the Motion to Compel Responses to the Second Request for Production of Documents

BACKGROUND

Plaintiff J.M. was struck by a motorcyclist while walking home from school.  Defendant Erwin Alexander Majano owned and operated the motorcycle.  Plaintiff brings this action against Defendant Majano as the operator of the motorcycle.  Plaintiff brings this action against Defendants City of Los Angeles, County of Los Angeles and Los Angeles Unified School District, because the crosswalk was dangerous and they knew it. 

On February 14, 2024, Plaintiff filed a complaint by and through his guardian ad litem, Maria Guadalupe Serrano.  Plaintiff alleges (1) general negligence and negligence per se; (2) motor vehicle; (3) premises liability.

[Tentative] Ruling

Plaintiff’s Motion to Compel Defendant City of Los Angeles to Provide Responses to Plaintiff’s Second Request for Production of Documents and Request for Sanctions is GRANTED.  Defendant City is ordered to serve responses without objection within 20 days.  Defendant City and Defense counsel are ordered to pay sanctions in the amount of $410.

Plaintiff’s Motion to Compel Defendant City of Los Angeles to Provide Responses to Plaintiff’s Third Request for Production of Documents and Request for Sanctions is GRANTED.  Defendant City is ordered to serve responses without objection within 20 days.  Defendant City and Defense counsel are ordered to pay sanctions in the amount of $410.

LEGAL STANDARD

CCP §2031.300

If a party to whom a demand for inspection, copying, testing, or sampling is directed fails to serve a timely response to it, the following rules shall apply:

(a) The party to whom the demand for inspection, copying, testing, or sampling is directed waives any objection to the demand, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010). The court, on motion, may relieve that party from this waiver on its determination that both of the following conditions are satisfied:

(1) The party has subsequently served a response that is in substantial compliance with Sections 2031.210, 2031.220, 2031.230, 2031.240, and 2031.280.

(2) The party's failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect.

(b) The party making the demand may move for an order compelling response to the demand.

(c) Except as provided in subdivision (d), 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 a motion to compel a response to a demand for inspection, copying, testing, or sampling, 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. If a party then fails to obey the order compelling a response, the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction under Chapter 7 (commencing with Section 2023.010). In lieu of or in addition to this sanction, the court may impose a monetary sanction under Chapter 7 (commencing with Section 2023.010).

(d)(1) Notwithstanding subdivision (c), absent exceptional circumstances, the court shall not impose sanctions on a party or any attorney of a party for failure to provide electronically stored information that has been lost, damaged, altered, or overwritten as a result of the routine, good faith operation of an electronic information system.

(2) This subdivision shall not be construed to alter any obligation to preserve discoverable information.

ANALYSIS

Plaintiff served Defendant City with his second set of requests for production of documents on August 21, 2024.  (Motion to Compel Responses to Second Set of Requests for Production of Documents, Lincors Dec., ¶9.)  No responses have been received.  (Id.)

Plaintiff served Defendant City with his third set of requests for production of documents on September 6, 2024.  (Motion to Compel Responses to Third Set of Requests for Production of Documents, Lincors Dec., ¶3.)  No responses have been received.  (Id. at ¶8.)

Plaintiff is entitled to responses to his second and third sets of requests for production of documents without objection.  Defendant City is ordered to serve responses without objection to these requests within 20 days.

Plaintiff requests sanctions in the amount of $820 for each motion based on 2 hours of work @ $350/hr plus a $60 filing fee.  No oppositions were filed and there was no need to file a reply.  Plaintiff’s request for sanctions against Defense counsel alone is granted in the amount of $410 per motion.

CONCLUSION

Plaintiff’s Motion to Compel Defendant City of Los Angeles to Provide Responses to Plaintiff’s Second Request for Production of Documents and Request for Sanctions is GRANTED.  Defendant City is ordered to serve responses without objection within 20 days.  Defendant City and Defense counsel are ordered to pay sanctions in the amount of $410.

Plaintiff’s Motion to Compel Defendant City of Los Angeles to Provide Responses to Plaintiff’s Third Request for Production of Documents and Request for Sanctions is GRANTED.  Defendant City is ordered to serve responses without objection within 20 days.  Defendant City and Defense counsel are ordered to pay sanctions in the amount of $410.