Judge: William A. Crowfoot, Case: 19STCV38046, Date: 2022-09-19 Tentative Ruling

Case Number: 19STCV38046    Hearing Date: September 19, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On October 22, 2019, plaintiff Jonathan Melim-Honore (“Plaintiff”) filed this action against defendants Jose Castaneda (“Castaneda”) and JD & LA Trucking, Inc. (“JD”) (collectively, “Defendants”) arising from an automobile accident that occurred on November 13, 2017.  On April 12, 2022, JD served Request for Production of Documents (Set Seven) on Plaintiff.  On April 25, 2022, Castaneda propounded Requests for Production of Documents (Set Two) on Plaintiff.  When Plaintiff failed to serve responses despite multiple extensions, Defendants filed these motions for orders compelling Plaintiff’s responses and imposing monetary sanctions. 

Where 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).) 

Plaintiff attached his responses to Defendants’ discovery requests with his opposition briefs.  Accordingly, Defendants’ Motions are DENIED as moot.

Sanctions may be awarded under in favor of a party who files a motion to compel discovery, even though the requested discovery was provided to the moving party after the motion was filed.  (C.R.C. 3.1348.)  Here, Plaintiff agues that Defendants’ requests were overbroad and sought irrelevant records.  However, Plaintiff’s remedy would have been to move for a protective order, not avoid serving responses and forcing Defendants to engage in motion practice to compel his verified responses. 

Defendants’ request for monetary sanctions is GRANTED and imposed against Plaintiff and counsel of record, jointly and severally, in the reduced amount of $520 for 2 hours at defense counsel’s hourly rate of $200.00 and $120.00 in filing fees, 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.