Judge: William A. Crowfoot, Case: 20STCV44623, Date: 2022-12-12 Tentative Ruling

Case Number: 20STCV44623    Hearing Date: December 12, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

ALMA LORENA CASTRO, et al.,

                   Plaintiff(s),

          vs.

 

BODEGA LATINA CORPORATION,

 

                   Defendant(s).

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      CASE NO.: 20STCV44623

 

[TENTATIVE] ORDER RE: DEFENDANT’S MOTION TO COMPEL PLAINTIFFS’ COMPLIANCE WITH MAY 26, 2021 ORDER FOR PAYMENT OF SANCTIONS IN THE AMOUNT OF $630 AND REQUEST FOR ADDITIONAL SANCTIONS OF $820

 

Dept. 27

1:30 p.m.

December 12, 2022

 

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On November 20, 2020, plaintiffs Alma Lorena Castro (“Castro”) and Maria De La Rosa (“De La Rosa”) (collectively, “Plaintiffs”) filed this action against defendant Bodega Latina Corporation (“Defendant”) arising from two slip and fall incidents that occurred on July 18, 2020. Castro and her niece, De La Rosa, allege that they slipped and fell due to water on the floor inside Defendant’s grocery store. 

On August 11, 2022, Defendant filed this motion for an order compelling Plaintiffs to pay sanctions in the amount of $630 based on an order issued on May 26, 2021.  Defendant also requests that Castro be ordered to serve responses to Requests for Production, Set One, as previously ordered by the Court on May 26, 2021.  Defendant further requests that Plaintiffs’ counsel be ordered to pay an additional $820 for the costs of filing this motion.

On May 26, 2021, the Court ordered Castro to serve verified responses without objections to Defendant’s Request for Production of Documents (Set One) and to pay sanctions in the amount of $630 within 20 days.  Defendant contends that responses were never served and the sanctions were never paid. 

“If a party . . .  fails to obey [an] order compelling a response, the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction under Chapter 7 (commencing with Section 2023.010). In lieu of or in addition to this sanction, the court may impose a monetary sanction under Chapter 7 (commencing with Section 2023.010).”  (Code Civ. Proc., § 2031.300, subd. (c).) 

Plaintiffs contend that Castro’s responses were already served on August 24, 2021.  However, no proof of service is attached to the responses that are submitted as an exhibit to their opposition.  Also, even if the responses were served on August 24, 2021, they were served more than 20 days after the date of the Court’s order.  Plaintiffs also provide no reason for why Castro has not yet paid monetary sanctions as ordered 

Accordingly, Defendant’s motion is GRANTED.  Castro is to serve verified responses and to pay sanctions in the amount of $630 as previously ordered on May 26, 2021, and to pay additional sanctions in the reduced amount of $265, consisting of 1 hour at defense counsel’s hourly rate of $205 and a filing fee of $60.  Responses should be served and sanctions should be paid no later than 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.