Judge: William A. Crowfoot, Case: 21STCV06493, Date: 2022-12-16 Tentative Ruling

Case Number: 21STCV06493    Hearing Date: December 16, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

MARIA CERVERA,

                   Plaintiff(s),

          vs.

 

OUR LADY OF LOURDES CATHOLIC CHURCH, et al.,

 

                   Defendant(s).

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      CASE NO.: 21STCV06493

 

[TENTATIVE] ORDER RE: DEFENDANTS OUR LADY OF LOURDES CATHOLIC CHURCH AND THE ROMAN CATHOLIC ARCHBISHOP OF LOS ANGELES’ MOTION FOR ORDER COMPELLING PLAINTIFF MARIA CERVERATO TO RESPOND TO WRITTEN DISCOVERY; REQUEST FOR MONETARY SANCTIONS

 

Dept. 27

1:30 p.m.

December 16, 2022

 

On February 18, 2021, plaintiff Maria Cervera (“Plaintiff”) filed this action against defendants Our Lady of Lourdes Catholic Church and The Roman Catholic Archbishop of Los Angeles (collectively, “Defendants”) asserting causes of action for negligence and premises liability.  On May 3, 2022, Defendants served Second Set of Special Interrogatories and Second Set of Requests for Production of Documents (Set One) on Plaintiff. 

On September 19, 2022, Defendants filed these two motions for orders compelling Plaintiff to serve responses to the written discovery.    

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.)  

In opposition, Plaintiff argues that responses have already been served on November 30, 2022, thus making the motions moot.  Accordingly, Defendants’ motions are DENIED as moot.

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).)  Plaintiff argues that sanctions should not be imposed because obtaining the information requested proved to be challenging and obtaining government records was difficult considering Plaintiff’s age, medical condition, and lack of proficiency in English.  Defendants did not file a reply brief or renew their request for sanctions.  Accordingly, Defendants’ request for sanctions is DENIED. 

 

 

 

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.