Judge: William A. Crowfoot, Case: 24NNCV00805, Date: 2025-01-02 Tentative Ruling


Case Number: 24NNCV00805    Hearing Date: January 2, 2025    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT

 

ANTHONY ALMEDA, et al.,

                    Plaintiff(s),

          vs.

 

ZAYA STAPLES, et al.,

 

                    Defendant(s).

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      CASE NO.: 24NNCV00805

 

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

 

Dept. 3

8:30 a.m.

January 2, 2025

 

On April 8, 2024, plaintiff Anthony Almeda (“Plaintiff”) filed this action against defendants Zaya Staples and Lori Nickerson (collectively, “Defendants”) arising from an automobile accident. On July 15, 2024, Defendants served Form Interrogatories (Set One) on Plaintiff. Responses were due on August 16, 2024, but Plaintiff did not serve responses or request an extension of time in which to respond. On September 26, 2024, Defendants filed this motion for an order compelling Plaintiff to serve verified responses, without objections, to Form Interrogatories (Set One). Defendants also request that the Court impose sanctions of $760 against Plaintiff and his attorney of record. 

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. (Ibid.)

Plaintiff did not oppose the Motion and it is undisputed responses were not served. Accordingly, Defendants’ motion is GRANTED and Plaintiff is ordered to serve verified responses without objections to Defendants’ 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. Therefore, Defendants’ 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 $175.00 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 2nd day of January 2025

 

 

 

 

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.