Judge: William A. Crowfoot, Case: 21STCV37131, Date: 2022-10-28 Tentative Ruling

Case Number: 21STCV37131    Hearing Date: October 28, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On October 7, 2021, plaintiff Karla Alvarenga (“Plaintiff”) filed this action against defendants Kusum R. Shah, Rosecrans Gardens Homeowners Association, Inc., and Rashmi K. Shah (“Defendant”) arising from an attack by a third party.  On April 5, Defendant served Form Interrogatories (Set One), Special Interrogatories (Set One), and Requests for Production of Documents (Set One) on Plaintiff.  Two extensions to respond were granted so that Plaintiff’s responses would be due on July 6, 2022.  On July 15, 2022, after no responses were served, Defendant filed these two motions for orders compelling Plaintiff to serve a response to Defendant’s written discovery.  Defendant also requests sanctions. 

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 a declaration filed on September 26, 2022, defense counsel Nishita Patel declares that she received Plaintiff’s responses to Form Interrogatories (Set One) and Special Interrogatories (Set One) on August 11, 2022.  However, it appears that Plaintiff has not served responses to Defendant’s requests for production of documents.  Accordingly, Defendant’s motion for an order compelling Plaintiff’s responses to Form Interrogatories (Set One) and Special Interrogatories (Set One) (which should have been filed as two separate motions with separate filing fees) is DENIED as moot.  Defendant’s motion for an order compelling Plaintiff’s responses to Requests for Production of Documents (Set One) is GRANTED and Plaintiff is ordered to provide verified responses, without objections, 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).)  Sanctions may be awarded under in favor of a party who files a motion to compel discovery, even though the requested discovery was provided to the moving party after the motion was filed.  (C.R.C. 3.1348.) 

Defendant’s request for monetary sanctions is GRANTED and imposed against Plaintiff and counsel of record, jointly and severally, in the reduced amount of $970.00 for 2 hours at defense counsel’s hourly rate of $425.00 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.