Judge: William A. Crowfoot, Case: 20STCV34715, Date: 2022-08-02 Tentative Ruling

Case Number: 20STCV34715    Hearing Date: August 2, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

HOLLY MCKAY,

                   Plaintiff(s),

          vs.

 

SAMUEL NICHOLAS WECHSLER,

 

                   Defendant(s).

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      CASE NO.: 20STCV34715

 

[TENTATIVE] ORDER RE: PLAINTIFF’S MOTION COMPELLING DEFENDANT’S RESPONSE TO DEMAND FOR INSPECTION AND PRODUCTION OF DOCUMENTS, SET TWO; REQUEST FOR SANCTIONS

 

Dept. 27

1:30 p.m.

August 2, 2022

 

Plaintiff Holly McKay (“Plaintiff”) moves for an order compelling Defendant Nicholas Wechsler (“Defendant”) to serve further responses to Demand for Inspection and Production of Documents (Set No. Two), Nos. 30-37 and 39 and produce all responsive documents within 10 days.  Plaintiff also requests the Court impose sanctions in the amount of $735 against Defendant and his attorneys, John Farmer and Marcia West, to be paid within 10 days. 

Defendant’s responses consisted solely of objections.  The burden to justify an objection to a discovery request is on the party asserting the objection.  (See Fairmont Ins. Co. v. Superior Court (2000) 22 Cal.4th 245, 255.)  In light of the lack of opposition to the motion, Defendant has not met that burden.  Accordingly, Plaintiff’s motion is GRANTED. Defendant is ordered to serve further responses and produce responsive documents within 10 days of the date of this order.  

Plaintiff seek sanctions in connection with her motion.  The request is GRANTED.  Sanctions are imposed against Defendant and counsel of record, jointly and severally, in the amount of $735, consisting of 3 hours at Plaintiff’s counsel’s hourly rate of $225 and a $60 filing fee, to be paid within 10 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.