Judge: Yolanda Orozco, Case: 21STCV41050, Date: 2022-09-13 Tentative Ruling

Case Number: 21STCV41050    Hearing Date: September 13, 2022    Dept: 31

MOTION TO COMPEL RESPONSES TO REQUESTS FOR PRODUCITION 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 July 11, 2022, Plaintiff filed this instant Motion seeking to Compel Responses, without Objection, to Request for Production of Documents, Set Three, 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, the 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 Jane Ramsey filed this Motion seeking to Compel Response to Request for Production of Documents, Set Three and $ 50.00 in Sanctions against Defendant Barry Katz.

Plaintiff asserts that on May 20, 2022, a Request for Documents, Set Three was served on Defendant. (Mot. Ex. A, B.) Service was made by mail. Defendant failed to respond by the June 24, 2022, deadline. 

Accordingly, the Court finds that Plaintiff is entitled to responses to Request for Production of Documents, Set Three 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 requests $50.00 to cover the process server’s fees, an invoice is attached to the Motion. (Ramsey Decl. ¶ 8, Ex. C.) 

Accordingly, the Court GRANTS Plaintiff’s request for sanctions against Defendant Katz in the amount of $50.00. 

Conclusion 

Plaintiff’s Motion to Compel Defendant Katz to provide responses to Request for Production of Documents, Set Three 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 $50.00 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.