Judge: William A. Crowfoot, Case: 21STCV39922, Date: 2022-08-24 Tentative Ruling

Case Number: 21STCV39922    Hearing Date: August 24, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

HUMBERTO ABRAM ALTAMIRANO, et al.,

                   Plaintiff(s),

          vs.

 

JOSE DE JESUS AGUAYO VILLALOBOS, et al.,

 

                   Defendant(s).

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      CASE NO.: 21STCV39922

 

[TENTATIVE] ORDER RE: DEFENDANT JOSE DE JESUS AGUAYO VILLALOBOS’ MOTION FOR ORDER COMPELLING PLAINTIFF NICOLE BONACIO TO RESPOND TO DEMAND FOR PRODUCTION, SET ONE AND PAY SANCTIONS

 

 

Dept. 27

1:30 p.m.

August 24, 2022

 

          On October 29, 2021, Plaintiffs Humberto Abram Altamirano (“Altamirano”) and Nicole Bonacio (“Bonacio”) (collectively “Plaintiffs”) filed this action against Defendant Jose De Jesus Aguayo Villalobos (“Defendant”) seeking damages arising from a motor vehicle action that occurred on November 4, 2019.

          On July 26, 2022, Defendant filed this motion for order compelling Plaintiff Bonacio to provide responses to Demand for Inspection and Production of Documents.  No opposition has been filed.

Compel Responses

Where a party fails to serve timely responses to demand for production of documents, the court may make an order compelling responses.  (Code Civ. Proc., § 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., § 2031.300, subd. (a).) 

Here, Defendant served Demand for Inspection and Production of Documents on Plaintiff Bonacio on December 14, 2021.  (Motion, Kang Decl., ¶ 2, Ex. A.)  On January 10, 2022, Plaintiff’s former counsel sent an email requesting an extension up to and including January 28, 2022.  (Id., ¶ 3, Ex. B.)  On January 24, 2022, Plaintiff’s former counsel sent a second email advising he filed two motions to be relieved as counsel and requesting an additional extension up to and including March 3, 2022.  (Id., ¶ 4, Ex. C.)  Plaintiff’s former counsel provided the signed orders granting the motions to be relieved as counsel on March 4, 2022.  (Id., ¶ 5, Ex. D.)

On March 22, 2022, Defendant’s counsel sent a letter to Plaintiff, advising responses were outstanding and overdue and providing an extension within 10 days from the date of the letter.  (Id., ¶ 6, Ex. E.)  The letter was returned.  (Motion, p. 3: 25-26.)  On July 13, 2022, Defendant hired Hudson Investigations, Inc. to locate a current address for Plaintiff.  (Id., ¶ 7, Ex. F.)  Defendant’s counsel mailed a certified letter to Plaintiff on July 13, 2022, advising responses were outstanding and overdue and providing an extension within 10 days from the date of the letter to serve responses.  (Id., ¶ 8, Ex. G.)

As Defendant properly served the Demand for Production of Documents on Plaintiff Bonacio and Bonacio has failed to serve responses, the Court finds Defendant is entitled to an order directing Plaintiff Bonacio to provide responses to the discovery requests served on Plaintiff.  Therefore, the motion is GRANTED.

Plaintiff Nicole Bonacio is ordered to serve verified responses without objections to Defendant Jose De Jesus Aguayo Villalobos’ Demand for Inspection and Production of Documents, Set One within 20 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., § 2031.300, subd. (c).) 

Defendant requests monetary sanctions in the amount of $760.00.  Defendant’s request is GRANTED.  Sanctions are imposed against Plaintiff Nicole Bonacio in the reduced amount of $235.00 for 1 hour at defense counsel’s hourly rate of $175.00 and $60.00 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.