Judge: William A. Crowfoot, Case: BC721858, Date: 2022-12-28 Tentative Ruling

Case Number: BC721858    Hearing Date: December 28, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

DIEGO GONZALEZ,

                   Plaintiff(s),

          vs.

 

RYAN MCCARTY,

 

                   Defendant(s).

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     CASE NO.:  BC721858

 

[TENTATIVE] ORDER RE: DEFENDANTS’ MOTION TO COMPEL FURTHER RESPONSES

 

Dept. 27

1:30 p.m.

December 28, 2022

 

On July 1, 2022, defendants Ryan McCarty and Ashley McCarty (collectively, “Defendants”) filed this motion to compel plaintiff Diego Gonzalez’s (“Plaintiff”) further responses to Form Interrogatories (Set Two), Form Interrogatories (Set Three), Requests for Admission (Set One), Special Interrogatories (Set Two), and Request for Production, Set Two).  This motion addresses five separate sets of discovery requests, and Defendants should have filed five separate motions. 

Plaintiff served responses on May 16, 2022, over two weeks after responses were due.  Plaintiff contends that Defendants forfeited their right to move for further responses because they failed to file their motion within 45 days.  Code of Civil Procedure section 1010.6(a)(4)(B) provides for an extension of two court days for any period of time a party is required to act or respond within, including filing a motion to compel further responses.  Therefore, this argument is not well-taken because 45 days after May 16, 2022, is June 30, 2022.  With an extension of 2 court days, Defendant had until July 5, 2022, to file this motion. 

Plaintiff served untimely responses and has therefore waived all objections to Defendants’ discovery requests.  The Court has also reviewed the requests to which Defendants would like a further response and finds that Defendants’ motion has merit.  However, Defendants should have filed five motions and paid five filing fees.  Therefore, Defendant’s motion in its entirety is GRANTED on the condition that Defendant pay an additional 4 filing fees within the next 5 days, file proof of payment with the Court, and serve Plaintiff with notice that the filing fees have been paid.  Plaintiff must serve further responses within 20 days of receiving notice that the filing fees have been paid. 

Defendants’ request for monetary sanctions is similarly granted on the condition that an additional four filing fees are paid.  Sanctions are imposed against Plaintiff and counsel of record, jointly and severally, in the amount of $760, consisting of 4 hours at defense counsel’s hourly rate of $175, to be paid within 20 days of receiving notice that the filing fees have been paid.   

 

Moving party to give notice.

 

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@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.