Judge: William A. Crowfoot, Case: 21STCV42253, Date: 2022-08-11 Tentative Ruling

Case Number: 21STCV42253    Hearing Date: August 11, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

DWAYNE FOSTER,

                   Plaintiff(s),

          vs.

 

MAAJIDA MUHAMMAD,

 

                   Defendant(s).

)

)

)

)

)

)

)

)

)

)

)

)
)

      CASE NO.: 21STCV42253

 

[TENTATIVE] ORDER RE: DEFENDANT’S MOTIONS TO COMPEL PLAINTIFF’S RESPONSES TO WRITTEN DISCOVERY; REQUEST FOR SANCTIONS

 

Dept. 27

1:30 p.m.

August 11, 2022

 

On November 16, 2021, plaintiff Dwayne Foster (“Plaintiff”) filed this action against defendant Maajida Muhammad (“Defendant”) arising from a motor vehicle accident that occurred on November 17, ,2019.  On April 1, 2022, Defendant served Form Interrogatories (Set One), Specially Prepared Interrogatories (Set One), and Demand for Inspection and Production of Documents (Set One) on Plaintiff.  No responses were received.  On May 11, 2022, defense counsel sent Plaintiff’s counsel a letter requesting responses.  Defendant did not receive a response and filed these motions on June 24, 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 these Motions and it is undisputed responses were not served.  Defendant’s Motions are GRANTED and Plaintiff is ordered to serve verified responses without objections to Defendant’s Form Interrogatories (Set One), Specially Prepared Interrogatories (Set One) and Demand for Identification and Production of Documents (Set One) 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).)  The Court finds evidence of neither.  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 $660.51 for 3 hours at defense counsel’s hourly rate of $160.17 and $180.00 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.