Judge: Yolanda Orozco, Case: 21STCV41050, Date: 2022-08-23 Tentative Ruling

Case Number: 21STCV41050    Hearing Date: August 23, 2022    Dept: 31

MOTION TO COMPEL RESPONSES TO REQUESTS FOR PRODCTION IS GRANTED 

Background 

On November 11, 2021, Plaintiff Jane Ramsey (“Plaintiff”) filed the instant action against Defendants Barry Katz (“Katz”) and Katz Entertainment, Inc. (“Katz Entertainment”) (collectively, “Defendants”), asserting the following causes of action: 

1)     Promissory Fraud;  

2)      Breach of Contract;  

3)     Rescission of Contract;  

4)     Fraud (Intentional Misrepresentation with Monetary Damages);  

5)     Restitution (Unjust Enrichment Relief); 

6)     Conversion;  

7)     Intentional Infliction of Emotional Distress;  

8)     Fraud and Deceit with Constructive Trust;  

9)     Declaratory Relief;  

10) Breach of Implied in Fact Contract;  

11) Negligent Infliction of Emotional Distress; and  

12) Common Counts (Money Had and Received). 

Both parties are self-represented.  

On January 18, 2022, Katz filed his answer to the Complaint.

On June 07, 2022, Plaintiff filed this instant Motion seeking to Compel Responses, without Objection, to Request for Production of Documents, Set Two, and request for Sanctions.

The motion remains unopposed. 

Legal Standard 

Within 30 days after service of a demand for inspection, the party to whom the request for production is made shall serve the original response to the request, unless otherwise agreed to or ordered. (Code Civ. Proc. § 2031.260(a).) A party requesting the production of documents may seek an order compelling a response when there has not been a timely response to the request for production. (Code Civ. Proc. § 2031.300.) Moreover, where a party fails to timely respond to a production request, the delinquent party waives all objections to production and the requesting party may seek a motion to compel. (Code Civ. Proc., § 2031.300.) 

Code of Civil Procedure §§ 2023.010(d) and 2030.290(c) authorize the court to impose sanctions for the failure to respond to discovery without substantial justification. Monetary sanctions are mandatory against the losing party in a motion to compel responses to interrogatories unless the party’s failure to respond was substantially justified or other circumstances render sanctions unjust. (Code Civ. Proc. §§ 2030.290(c).) Also, Code of Civil Procedure § 2023.030(a) authorizes sanctions for misuse of discovery, which includes: failure to respond or submit to an authorized method of discovery; making an evasive response to discovery; making, without substantial justification, an unmeritorious objection to discovery; and making or opposing, unsuccessfully and without substantial justification, a motion to compel or to limit discovery. (Code Civ. Proc. §§ 2023.010(d), (e), (f), (g) & (h).) 

Discussion 

1.     Motion to Compel RPD 

Plaintiff asserts that Defendants were served with a Request for Production of Documents, Set Two on April 22, 2022. (Ramsey Decl. Ex. A.) Responses were due on May 27, 2022, but Defendants failed to provide any responses. 

Accordingly, the Court finds that Plaintiff is entitled to responses to Request for Production of Documents, Set Two without objection. The Motion to Compel is GRANTED. 

2.     Sanctions 

Monetary sanctions are mandatory unless the imposition of sanctions would be unjust or the party subject to the sanctions acted with substantial justification. (CCP §§ 2030.290(c).) Plaintiff’s motion to compel production of documents remains unopposed and Defendant has not provided any justifications why such a sanction would be unjust. ¿  

Plaintiff also request $100.00 in sanctions, based on cost of service of process and wages owed to processes server. (Ramsey Decl. ¶ 8.) 

Accordingly, the Court GRANTS Plaintiff’s request for sanctions against Katz in the amount of $100.00 

Conclusion 

Plaintiff’s motion to compel Defendants to provide responses to Request for Production of Documents, Set Two is GRANTED.  

Defendants must provide verified, code-compliant responses without objections to the discovery request within thirty (30) days. 

Plaintiff’s request for sanctions against Defendants in the amount of $100.00 is GRANTED. 

Plaintiff to give notice. 

The parties are strongly encouraged to attend all scheduled hearings virtually or by audio. Effective July 20, 2020, all matters will be scheduled virtually and/or with audio through the Court’s LACourtConnect technology. The parties are strongly encouraged to use LACourtConnect for all their matters. All masking protocols will be observed at the Courthouse and in the courtrooms.