Judge: William A. Crowfoot, Case: 23AHCV01666, Date: 2024-10-10 Tentative Ruling

Case Number: 23AHCV01666    Hearing Date: October 10, 2024    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT

 

FINANCIAL CREDIT NETWORK, INC.,

                    Plaintiff(s),

          vs.

 

GILDARDA B. MARTINEZ, et al.,

 

                    Defendant(s).

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    CASE NO.: 23AHCV01666

 

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

 

Dept. 3

8:30 a.m.

October 10, 2024

 

On July 21, 2023, plaintiff Financial Credit Network, Inc. (“Plaintiff”) filed this action against defendant Gildarda B. Martinez dba JL Screens & Doors (“Defendant”). Defendant, who is self-represented, filed an answer on August 28, 2023. On May 24, 2024, Plaintiff served Form Interrogatories (Set One) on Defendant. No responses were received.

On June 28, 2024, Plaintiff sent Defendant a letter attempting to meet and confer regarding the status of Defendant’s responses. No response to the letter was received and no discovery responses have been served. Plaintiff filed this motion on July 10, 2024.

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).)

Defendant did not oppose the Motion and it is undisputed responses were not served. Plaintiff’s Motion is GRANTED and Defendant is ordered to serve verified responses without objections to Defendant’s Form Interrogatories (Set One) within 20 days of the date of this Order.

Plaintiff’s request for monetary sanctions is GRANTED and imposed against Defendant in the reduced amount of $290 for 1 hour at Plaintiff’s counsel’s hourly rate of $230 and $60 in filing fees, to be paid within 20 days of the date of this Order. (Code Civ. Proc., § 2030.290, subd. (c).)

Moving party to give notice.

 

Dated this 10th day of October 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.