Judge: William A. Crowfoot, Case: 21STCV40597, Date: 2022-09-27 Tentative Ruling

Case Number: 21STCV40597    Hearing Date: September 27, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

CARMENIA MATTHEWS, et al.,

                   Plaintiff(s),

          vs.

 

CITY OF MONTEBELLO, et al.,

 

                   Defendant(s).

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      CASE NO.: 21STCV40597

 

[TENTATIVE] ORDER RE: DEFENDANT CITY OF MONTEBELLO’S MOTION TO COMPEL CARMENIA MATTHEWS’S RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE; REQUEST FOR SANCTIONS

 

Dept. 27

1:30 p.m.

September 27, 2022

 

On November 3, 2021, plaintiffs Carmenia Matthews (“Plaintiff”) and Taliyah Hairston filed this action against defendants City of Montebello (“Defendant”) and Heriberto Rios, Jr. arising from a motor vehicle collision that occurred on May 10, 2021.  On April 27, 2022, Defendant served Request for Production of Documents (Set One) on Plaintiff.  No responses were received by the statutory deadline of June 1, 2022.  On June 9, 2022, Defendant sent Plaintiff a letter requesting responses.  Defendant did not receive a response and filed its motion on July 13, 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).) 

In an untimely opposition, Plaintiff argues that responses have already been served, thus making the motions moot.  The Court exercises its discretion to consider Plaintiff’s late-filed opposition.  Accordingly, Defendant’s Motion is DENIED as moot.

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 $160 for 1 hour at defense counsel’s hourly rate of $160.00, 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.