Judge: William A. Crowfoot, Case: 23AHCV02140, Date: 2024-08-05 Tentative Ruling


Case Number: 23AHCV02140    Hearing Date: August 5, 2024    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT

 

MICHAEL ADAM CADENA,

                    Plaintiff(s),

          vs.

 

SHARON IBARA, et al.,

 

                    Defendant(s).

)

)

)

)

)

)

)

)

)

)

)

)
)

      CASE NO.: 23AHCV02140

 

[TENTATIVE] ORDER RE: MOTION TO COMPEL DISCOVERY RESPONSES FROM PLAINTIFF TO FORM INTERROGATORIES (Set One)

 

Dept. 3

8:30 a.m.

August 5, 2024

 

On September 14, 2023, plaintiff Michael Adam Cadena (“Plaintiff”) filed this action against defendants Sharon Ibara and Randy Ibara (collectively, “Defendants”) arising from a motor vehicle vs. pedestrian accident that occurred on October 12, 2022. On November 8, 2023 Defendants served Form Interrogatories (Set One) Plaintiff. Despite granting several extensions, no responses were received and Defendants filed this motion on April 16, 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, 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).)

In opposition, Plaintiff submits a declaration from counsel stating that the discovery responses have been provided and that the delay was due to Plaintiff’s failure to communicate with counsel.  As responses have already been served, the motion is DENIED as moot.

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.)  Defendants’ request for monetary sanctions is GRANTED and imposed against Plaintiff in the reduced amount of $ 330 for one hour at defense counsel’s hourly rate of $270.00 and $60.00 in filing fees, to be paid within 20 days of the date of this Order.

Moving party to give notice.

 

 

Dated this 5th day of August 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.