Judge: William A. Crowfoot, Case: 22AHCV00990, Date: 2023-12-18 Tentative Ruling


Case Number: 22AHCV00990    Hearing Date: December 18, 2023    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT

 

DARRYL ABBINANTE,

                   Plaintiff(s),

          vs.

 

KATHERINE R. HARTER, M.D., et al.,

 

                   Defendant(s).

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      CASE NO.: 22AHCV00990

 

[TENTATIVE] ORDER RE: MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES (SET ONE); REQUEST FOR SANCTIONS

 

Dept. 3

8:30 a.m.

December 18, 2023

 

On November 2, 2022, plaintiff Darryl Abbinante (“Plaintiff”) filed this action against defendant Katherine R. Harter, M.D. (“Defendant”), among others, for medical negligence. On February 7, 2023, Defendant served Form Interrogatories (Set One) on Plaintiff.  No responses were received.  Defendant filed this motion on November 2, 2023.

Where a party fails to serve timely responses to discovery requests, the court may make an order compelling responses.  (Code Civ. Proc., § 2030.290.)  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).) 

Plaintiff did not oppose the motion and it is undisputed responses were not served.  Defendant’s motion is GRANTED and Plaintiff is ordered to serve verified responses without objections to Defendant’s Form Interrogatories (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).)  The Court finds evidence of neither.  Accordingly, Defendant’s request for monetary sanctions is GRANTED and imposed against Plaintiff and counsel of record, jointly and severally, in the reduced amount of $ 276.76 for 1 hour at defense counsel’s hourly rate of $ 215.00 and $ 61.65 for the cost to file this motion, to be paid within 20 days of the date of this Order.

Moving party to give notice.

 

 

Dated this 18th day of December 2023

 

 

 

 

William A. Crowfoot

Judge of the Superior Court

 

 

Parties who intend to submit on this tentative must send an email to the Court at ALHDEPT3@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.