Judge: William A. Crowfoot, Case: 21STCV37452, Date: 2022-08-03 Tentative Ruling

Case Number: 21STCV37452    Hearing Date: August 3, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On October 8, 2021, plaintiff Esmaralda Y. Fuentes-Perez (“Plaintiff”) filed this action against defendants Run D. Wu (“Defendant”) and Dan Yuedong Wu (“Wu”) arising from an apartment fire that occurred around November 2020.  Plaintiff alleges Defendant’s apartment caught fire and caused her apartment to catch fire as well.  Plaintiff alleges Wu, as her landlord, failed to properly maintain her apartment and prevent hazardous events from occurring.  She claims personal property damage, the loss of her security deposit, incidental damages, and pain and suffering. 

On December 27, 2021, Defendant served Form Interrogatories (Set One), Special Interrogatories (Set One), and Request for Production of Documents (Set One) on Plaintiff.  Despite multiple extensions, no responses were received.  Defendant filed this motion on June 8, 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).) 

Plaintiff did not oppose the motion and it is undisputed responses to Defendant’s discovery were not served.  However, Defendant should have filed three motions and paid three filing fees.  Therefore, Defendant’s Motion is GRANTED on the condition that Defendant pay $120 in filing fees and provides proof of payment to the Court and Plaintiff.  Plaintiff is ordered to serve verified responses without objections to Defendant’s Form Interrogatories (Set One), Special Interrogatories (Set One) and Request for Production of Documents (Set One) within 20 days of being served with proof that the additional filing fees have been paid.  

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. 

Defendant’s request for monetary sanctions is GRANTED and imposed against Plaintiff and counsel of record, jointly and severally, in the reduced amount of $380.00 for 1 hours at defense counsel’s hourly rate of $200.00 and $180.00 in filing fees, to be paid within 20 days of being served with proof that the additional filing fees have been paid. 

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.