Judge: William A. Crowfoot, Case: 23AHCV01995, Date: 2024-11-05 Tentative Ruling

Case Number: 23AHCV01995    Hearing Date: November 5, 2024    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT

 

MICHELE WOERMBKE,

                    Plaintiff(s),

          vs.

 

CHRISTOPHER PEREZ,

 

                    Defendant(s).

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      CASE NO.: 23AHCV01995

 

[TENTATIVE] ORDER RE: MOTION TO COMPEL PLAINTIFF’S RESPONSES TO FORM INTERROGATORIES (SET ONE) AND SPECIAL INTERROGATORIES (SET ONE)

 

Dept. 3

8:30 a.m.

November 5, 2024

 

On August 30, 2023, plaintiff Michele Woermbke (“Plaintiff”) filed this action against defendant Christopher Perez (“Defendant”) arising from a motor vehicle collision. On January 30, 2024 Defendant served Form Interrogatories (Set One) and Special Interrogatories (Set One) on Plaintiff. Extensions were provided but no responses have been received. Defendant filed this motion on October 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).)

Plaintiff did not oppose the motion and it is undisputed responses were not served. However, Defendant should have filed two motions and paid two filing fees. Therefore, Defendant’s motion is GRANTED on the condition that Defendant pays an additional filing fee and files proof of payment with the Court. Plaintiff is ordered to serve verified responses, without objections, to Form Interrogatories (Set One) and Special Interrogatories (Set One) within 20 days after Defendant files proof of payment of this additional filing fee. Defendant’s request for monetary sanctions is GRANTED and imposed against Plaintiff and counsel of record, jointly and severally, in the reduced amount of $235 for 1 hour at defense counsel’s hourly rate of $355 and $120 in filing fees, to be paid within 20 days after Defendant files proof that the additional filing fee has been paid. (Code Civ. Proc., § 2030.290, subd. (c).)

 

Moving party to give notice.

 

Dated this 5th day of November 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.