Judge: William A. Crowfoot, Case: 21STCV37452, Date: 2022-08-24 Tentative Ruling

Case Number: 21STCV37452    Hearing Date: August 24, 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 (“Run”) and Dan Yuedong Wu (“Dan”) arising from an apartment fire that occurred around November 2020.  Plaintiff alleges Defendant Run’s apartment caught fire and caused her apartment to catch fire as well.  Plaintiff alleges Defendant Dan, 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 June 8, 2022, Defendant Dan filed these motions to compel responses to Form Interrogatories, Special Interrogatories, and Requests for Production of Documents.  No oppositions have been filed.

          Filing Fees

          The Court notes that Defendant Dan has filed one motion to compel responses to both Form Interrogatories and Special Interrogatories and paid only one filing fee.  As Defendant Dan is requesting responses to two sets of discovery, Defendant should have filed these requests as two separate motions and paid two filing fees.  Defendant Dan is thus ordered to pay an additional $60.00 filing fee and provide proof of payment to the Court and Plaintiff.

Compel Responses

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).) 

Here, Defendant Dan served Form Interrogatories, Special Interrogatories, and Requests for Production of Documents on Plaintiff on February 3, 2022.  (Dorr Decl. In Support of Motion to Compel Responses to Interrogatories (“Dorr Decl. ISO Motion to Compel Interrogatories”), ¶ 7, Exs. A, B; Dorr Decl. In Support of Motion to Compel Responses to Requests for Production of Documents (“Dorr Decl. ISO Motion to Compel RPDs”), ¶ 7, Ex. A.)  Responses were due on or before March 10, 2022.  (Dorr Decl. ISO Motion to Compel Interrogatories, ¶ 8; Dorr Decl. ISO Motion to Compel RPDs, ¶ 8.)  Plaintiff did not serve any responses or request an extension to serve responses.  (Dorr Decl. ISO Motion to Compel Interrogatories, ¶ 8; Dorr Decl. ISO Motion to Compel RPDs, ¶ 8.)  Defendant Dan sent a meet and confer letter to Plaintiff on May 11, 2022.  (Dorr Decl. ISO Motion to Compel Interrogatories, ¶ 9, Ex. C; Dorr Decl. ISO Motion to Compel RPDs, ¶ 9, Ex. B.)  Plaintiff failed to reply to the letter or provide responses.  (Dorr Decl. ISO Motion to Compel Interrogatories, ¶¶ 9-10; Dorr Decl. ISO Motion to Compel RPDs, ¶¶ 9-10.)   

As Defendant Dan properly served the discovery requests and Plaintiff failed to serve responses, the Court finds Defendant Dan is entitled to orders directing Plaintiff to provide responses to the discovery requests served on Plaintiff.  Therefore, the motions to compel responses are GRANTED upon the condition Defendant pay an additional $60.00 filing fee and provide proof of payment to the Court and Plaintiff, as discussed above.

Plaintiff Esmaralda Y. Fuentes-Perez is ordered to serve verified responses without objections to Defendant Dan Yuedong Wu’s Form Interrogatories, Set One, Special Interrogatories, Set One, and Request for Production of Documents, Set One within thirty (30) days of the date of this order.

Monetary Sanctions

Where the court grants a motion to compel responses, sanctions shall be imposed 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).) 

Defendant Dan requests monetary sanctions in the amount of $570.00 for the motion to compel responses to Interrogatories and $480.00 for the motion to compel responses to Requests for Production of Documents.  Defendant’s requests for monetary sanctions are GRANTED.  Sanctions are imposed against Plaintiff in the reduced amount of $370.00 for 1 hour at defense counsel’s rate of $190.00 and $180.00 in filing fees, to be paid within 30 days of being served with proof that the additional filing fee has 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.