Judge: William A. Crowfoot, Case: 19STCV45683, Date: 2022-07-29 Tentative Ruling

Case Number: 19STCV45683    Hearing Date: July 29, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

AUDELINO ABUNDIS,

                   Plaintiff(s),

          vs.

 

5757 WILSHIRE LLC,,

 

                   Defendant(s).

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      CASE NO.: 19STCV45683

 

[TENTATIVE] ORDER RE: DEFENDANT’S MOTIONS TO COMPEL PLAINTIFF’S RESPONSES TO WRITTEN DISCOVERY; REQUEST FOR SANCTIONS

 

Dept. 27

1:30 p.m.

July 29, 2022

 

On December 18, 2019, plaintiff Audelino Abundis (“Plaintiff”) filed this action against defendant 5757 Wilshire, LLC (“Defendant”) arising from a slip and fall incident in a parking structure that occurred on December 27, 2017.  On September 28, 2021, Defendant served Form Interrogatories (Set One), Special Interrogatories (Set One), and Demand for Identification and Production of Documents (Set One) on Plaintiff.  Defendant filed these motions on June 27, 2022, after making several attempts to secure verified responses from Plaintiff. 

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.)   

Plaintiff did not oppose Defendants’ motions and it is undisputed responses were not served.  Defendant’s motions are GRANTED and Plaintiff is ordered to serve verified responses without objections to Defendant’s Form Interrogatories (Set One), Special Interrogatories (Set One) and Demand for Identification and Production of Documents (Set One) within 20 days of the date of this Order.

The Code of Civil Procedure provides that the court shall impose a monetary sanction 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).)  The Court finds evidence of neither. 

Defendant’s request for monetary sanctions is GRANTED and imposed against Plaintiff and counsel of record, jointly and severally, in the reduced amount of $810.00 for 3 hours at defense counsel’s hourly rate of $210.00 and $180.00 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.