Case Number: BC617697 Hearing Date: May 30, 2018 Dept: 3

TOM CASSARO, ET AL.,

Plaintiff(s),

vs.

JORGE ANCHEYTTA RAMIREZ, ET AL.,

Defendant(s).

Case No.: BC617697

[TENTATIVE] ORDER GRANTING DEFENDANT’S UNOPPOSED MOTION TO COMPEL

Dept. 3

1:30 p.m.

May 30, 2018

Defendants, Jorege Ancheytta Ramirez and Gabriela Gallardo propounded RPDs (set one) on Plaintiff, Tom Cassaro on 10/26/17. Item #2 of the RPD sought production of “all documents constituting, reflecting, referring to, and/or evidencing your loss of earning and/or capacity in connection with the incident.” On 11/30/17, Plaintiff served responses to the RPDs. In response to item # 2, Plaintiff indicated an intention to produce all non-privileged documents in his possession, custody, or control.

Defendants contend that, to date, Plaintiff has not produced any documents in connection with item # 2. They therefore seek an order compelling him to do so; they also seek imposition of sanctions.

Defense Counsel declares he tried, on three occasions, to meet and confer with Plaintiff’s attorney to avoid this motion, and each time, Plaintiff’s attorney merely indicated that he was busy with another case. The parties’ e-mail exchange, dated 4/10/18, shows that Plaintiff’s attorney promised a response within three days, but then did not respond.

CCP §2031.320(a) makes clear that an order compelling compliance with an RPD is appropriate if the responding party indicates an intent to produce documents but then fails to do so. The motion is therefore granted. Plaintiff is ordered to produce all responsive documents within his custody, possession or control within ten days. If Plaintiff believes there are privileged responsive documents, Plaintiff must serve a privilege log with his document production.

§2031.320(b) requires the Court to impose monetary sanctions. In light of Plaintiff’s failure to respond meaningfully to multiple meet and confer attempts and failure to oppose the motion, the Court finds imposition of monetary sanctions appropriate. Defendants seek sanctions in the reasonable amount of $560, which amount is fully supported by Defense Counsel’s declaration. Plaintiff and his attorneys of record, jointly and severally, are ordered to pay sanctions to Defendants, by and through their attorney of record, in the amount of $560, within twenty days.

Defendants are ordered to give notice.