Judge: William A. Crowfoot, Case: 20STCV19085, Date: 2022-12-05 Tentative Ruling

Case Number: 20STCV19085    Hearing Date: December 5, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

ALEXIS ABELIZ GOMEZ,

                   Plaintiff(s),

          vs.

 

KELLY HULL, et al.,

 

                   Defendant(s).

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    CASE NO.: 20STCV19085

 

[TENTATIVE] ORDER RE: PLAINTIFF’S MOTION TO COMPEL RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE; REQUEST FOR MONETARY SANCTIONS

 

Dept. 27

1:30 p.m.

December 5, 2022

 

This action arises out of an alleged 2018 altercation that began when Alexis Abeliz Gomez (“Plaintiff”) accidentally cut a telephone wire while working as a tree cutter near the residence of Kelly Hull (“Defendant”).  During the altercation, Defendant grabbed a nearby chainsaw.  As Plaintiff reached for the chainsaw, Defendant punched Plaintiff’s arm and bit Plaintiff’s hand.  Plaintiff filed this action against Defendant on May 20, 2020, asserting causes of action for (1) assault, (2) battery, (3) intentional infliction of emotional distress, (4) negligence, and (5) negligent infliction of emotional distress.

Plaintiff served written discovery consisting of Form Interrogatories, Special Interrogatories, Request for Production, and Requests for Admissions by electronic service on October 5, 2021.  The responses were due no later than November 11, 2021.  Defendant did not respond to Plaintiff’s requests.

On August 12, 2022, Plaintiff filed this motion for an order compelling Defendant to serve verified responses, without objections, to Request for Production of Documents (Set One) within 14 days of this hearing.  Plaintiff requests an order imposing sanctions against Defendant in the amount of $1,460. 

Code of Civil Procedure section 2031.300(b) provides that when a party fails to serve timely responses to an inspection demand, the propounding party may move for an order from the court compelling responses.  Where the court grants a motion to compel responses, sanctions shall be imposed 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., § 2031.300, subd. (c).) 

Defendant did not oppose this motion and it is undisputed that Defendant failed to serve any responses to Plaintiff’s discovery requests.  Accordingly, the motion to compel is GRANTED.  Defendant is ordered provide responses to Request for Production of Documents, Set One within 20 days of the date of this order.

Monetary Sanctions

Plaintiff’s request for sanctions is GRANTED and imposed against Defendant in the reduced amount of $410, consisting of 1 hours at Plaintiff’s counsel’s reasonable hourly rate of $350 and $60 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.