Judge: William A. Crowfoot, Case: 23AHCV00503, Date: 2024-02-16 Tentative Ruling


Case Number: 23AHCV00503    Hearing Date: February 29, 2024    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT

 

REBECCA DEAN,

                   Plaintiff(s),

          vs.

 

M. PERNECKY MANAGEMENT CORP., et al.,

 

                   Defendant(s).

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      CASE NO.: 23ahcv00503

 

[TENTATIVE] ORDER RE: PLAINTIFF’S MOTION TO COMPEL RESPONSES; REQUEST FOR MONETARY SANCTIONS

 

Dept. 3

8:30 a.m.

February 29, 2024

 

On January 24, 2024, Plaintiff Rebecca Dean (“Plaintiff”) filed this motion for an order compelling defendant M. Pernecky Management Corp. (“Defendant”) to serve initial responses to Special Interrogatories (Set One). Plaintiff also requests that the Court impose monetary sanctions against Defendant and defense counsel.

Where a party fails to serve timely responses to discovery requests, the court may make an order compelling responses. (Code Civ. Proc., § 2030.290.) However, on February 7, 2024, Defendant filed a declaration from counsel stating that verified responses were served on January 26, 2024. (Miller Decl., ¶¶ 4, 6.) Accordingly, the motion for an order compelling responses is DENIED.

Nevertheless, 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.)

Here, Plaintiff served her discovery requests on August 7, 2023, but Defendant offers no reason for the delay in providing its verified responses. Therefore, sanctions are imposed on Defendant and counsel of record, jointly and severally, in the reduced amount of $310, consisting of 1 hour at Plaintiff’s counsel’s hourly rate of $250 and a $60 filing fee, payable within 20 days of the date of this Order.

 

Moving party to give notice.

 

Dated this 29th day of February 2024

 

 

 

 

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.