Judge: William A. Crowfoot, Case: 21STCV26195, Date: 2022-09-29 Tentative Ruling

Case Number: 21STCV26195    Hearing Date: September 29, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On July 16, 2021, plaintiff Barbara Russo (“Russo”) filed this action against defendants Nak Rancho 18, LLC and Neissan Koroghli arising from injuries sustained when a backyard deck collapsed.  On January 6, 2022, Russo filed the operative First Amended Complaint which added Thoren Rand (“Rand”) as a plaintiff and Azita Koroghli as a defendant. 

On March 18, 2022, Nak Rancho 18, LLC, Neissan Koroghli, and Azita Koroghli (collectively, “Defendants”) served Russo with Form Interrogatories (Set One), Special Interrogatories (Set One), and Demand for Production of Documents (Set One).  Defendants also served Rand with Form Interrogatories (Set One) and Special Interrogatories (Set One).  Neither Russo nor Rand served any response.  Defendants filed their motions on June 30, 2022.  

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).) 

Neither Russo nor Rand opposed these motions and it is undisputed they did not serve responses to Defendants’ written discovery requests.  Accordingly, Defendants’ Motions are GRANTED.  Russo is ordered to serve verified responses without objections to Defendants’ Form Interrogatories (Set One), Special Interrogatories (Set One) and Demand for Production of Documents (Set One) within 20 days of the date of this Order.  Rand is ordered to serve verified responses without objections to Defendants’ Form Interrogatories (Set One) and Special Interrogatories (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.

Defendants’ request for monetary sanctions is GRANTED and imposed against Russo and counsel of record, jointly and severally, in the reduced amount of $1,230.00 for 3 hours at defense counsel’s hourly rate of $350.00 and $180.00 in filing fees, to be paid within 20 days of the date of this Order. Defendants’ request for monetary sanctions is GRANTED and imposed against Rand and counsel of record, jointly and severally, in the reduced amount of $820.00 for 2 hours at defense counsel’s hourly rate of $350.00 and $120.00 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.