Judge: William A. Crowfoot, Case: 19STCV45683, Date: 2022-09-30 Tentative Ruling

Case Number: 19STCV45683    Hearing Date: September 30, 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).

)

)

)

)

)

)

)

)

)

)

)

)
)

      CASE NO.: 19STCV45683

 

[TENTATIVE] ORDER RE: DEFENDANT 5757 WILSHIRE LLC’S MOTION TO COMPEL PLAINTIFF’S DISCOVERY RESPONSES; REQUEST FOR SANCTIONS

 

Dept. 27

1:30 p.m.

September 30, 2022

 

On December 18, 2019, plaintiff Audelino Abundis (“Plaintiff”) filed this action against defendant 5757 Wilshire LLC (“Defendant”) arising from a slip and fall that occurred on December 27, 2017, in a parking structure.  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 by mail.  On September 29, 2021, Defendant served another copy of these discovery requests by email.  No responses were received and Defendant filed its motions on June 27, 2022.  The hearing on these motions was continued from July 29, 2022.  No oppositions have been filed. 

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 did not oppose these motions and it is undisputed responses were not served.  Defendant’s motion 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.