Judge: William A. Crowfoot, Case: 19STCV35732, Date: 2022-08-15 Tentative Ruling
Case Number: 19STCV35732 Hearing Date: August 15, 2022 Dept: 27
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT
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Plaintiff(s), vs.
DE LORENZO FAMILY TRUST, et al.,
Defendant(s). |
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[TENTATIVE] ORDER RE: DEFENDANTS MARISA C. LUP, TONY DELORENZO, ELIZABETH DELORENZO, TONY AND ELIZABETH DELORENZO FAMILY TRUST, AND MARCIA C. LUPO TRUST’S MOTIONS FOR ORDERS COMPELLING PLAINTIFF’S REPONSES TO SUPPLEMENTAL DISCOVERY REQUESTS; REQUEST FOR SANCTIONS
Dept. 27 1:30 p.m. August 15, 2022 |
On February 28, 2020, plaintiff Hue Thi Ngoc Nguyen (“Plaintiff”) filed the operative First Amended Complaint (“FAC”) against defendants Marisa C. Lupo, Tony Delorenzo, Elizabeth Delorenzo, Tony and Elizabeth Delorenzo Family Trust, and Marisa C. Lupo Trust (collectively, “Defendants”), asserting two causes of action for premises liability and general negligence. On October 19, 2020, Plaintiff amended the FAC to substitute BT Real Estate Consultants for the defendant sued fictitiously as Doe 5.
On June 9, 2022, Defendants filed these two motions for orders compelling Plaintiff’s responses to Supplemental Demand for Inspection and Production of Documents (Set One) and Supplemental Interrogatories (Set One). Defendants also request the Court impose sanctions against Plaitniff and counsel of record in the amount of $455.34. The motions are unopposed.
A party may propound a supplemental interrogatory or supplemental demand for production of documents to elicit any later acquired information bearing on all answers previously made by any party. (Code of Civ. Proc., §§ 2030.070, subd. (a), 2031.050, subd. (a).) Where a party fails to serve timely responses to discovery requests, the court may make an order compelling responses as well as impose sanctions. (Code Civ. Proc., §§ 2030.290, 2031.300; Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 403.)
Plaintiff did not oppose these motions and it is undisputed that she failed to timely respond to Defendants’ supplemental discovery requests. Accordingly, Defendants’ motions are GRANTED and Plaintiff is ordered to serve verified responses, without objections, to Defendants’ Supplemental Demand for Inspection and Production of Documents (Set One) and Supplemental Interrogatories (Set One) within 20 days of the date of this order.
Defendants’ request for SANCTIONS is also granted and imposed against Plaintiff and counsel of record, jointly and severally, in the reduced amount of $220.17, consisting of 1 hour at defense counsel’s hourly rate of $160.17 and a $60 filing fee, to be paid within 20 days of the date of this order.
Moving party to give notice.
Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org. Please be advised that 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 matter. Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue. If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.