Case Number: BC645185 Hearing Date: June 06, 2018 Dept: 50

Superior Court of California

County of Los Angeles

Department 50

tamerin lewis,

Plaintiff,

vs.

city of los angeles, et al.,

Defendants.

Case No.:

BC 645185

Hearing Date:

June 6, 2018

Hearing Time:

8:30 a.m.

[TENTATIVE] ORDER RE:

DEFENDANT CHARLES KUMLANDER’S MOTION FOR AN ORDER COMPELLING PLAINTIFF TO RESPOND TO WRITTEN DISCOVERY AND FOR SANCTIONS AGAINST PLAINTIFF AND HER COUNSEL IN THE AMOUNT OF $2,157.50

Background

Plaintiff Keysonna Yvette Bursey, by and through her guardian ad litem, Tamerin Lewis (“Plaintiff”) initiated this wrongful death action on December 30, 2016 against Defendants City of Los Angeles, Los Angeles Police Department, and Officer Charles Kumlander[1] (“Kumlander”).

On February 9, 2018, Kumlander served Form Interrogatories, Set One, and Requests for Production of Documents, Set One on Plaintiff. (Baker Decl., ¶ 2, Ex. 1.) On April 16, 2018, having received no responses, counsel for Kumlander sent a meet and confer letter to counsel for Plaintiff regarding the overdue discovery. (Baker Decl., ¶ 3, Ex. 2.) The parties agreed that responses would be due on May 7, 2018. (Baker Decl., ¶ 3, Ex. 3.) To date, Kumlander has not received any responses from Plaintiff. (Baker Decl., ¶ 4.)

Kumlander now moves for an order compelling Plaintiff to provide responses to Form Interrogatories, Set One and Requests for Production of Documents, Set One. No opposition to the motion was filed.

Discussion

If a party to whom interrogatories or an inspection demand were directed fails to serve a timely response, the propounding party may move for an order compelling responses without objections and for a monetary sanction. (Code Civ. Proc., §§ 2030.290(b); 2031.300(b).) Here, Plaintiff did not serve a timely response to Kumlander’s requests. Plaintiff does not oppose the instant motions, so she does not contend otherwise. Accordingly, Kumlander’s motions to compel are granted as to its first sets of Form Interrogatories and Requests for Production of Documents. Kumlander has also requested the Court order monetary sanctions in the amount of $2,157.50. The Court grants Kumlander’s request; however, in light of the lack of an opposition, the Court reduces the sanctions amount by 3.5 hours (the time estimated to draft a reply and prepare for oral argument) and awards monetary sanctions to Kumlander in the total amount of $1,370.00.

Conclusion

Based on the foregoing, Kumlander’s motion for an order compelling Plaintiff to respond to written discovery is granted. Plaintiff is ordered to provide verified responses, without objection, to Kumlander’s Form Interrogatories, Set One and Requests for Production of Documents, Set One within 20 days of this Order. Plaintiff is further ordered to pay sanctions in the amount of $1,370.00 to Kumlander within 30 days of this Order.

Kumlander is ordered to provide notice of this ruling.

DATED: June 6, 2018 ________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court

[1] Though not addressed in the moving papers, it appears that movant Officer Charles Kumlander was erroneously sued as “Officer Charles Kemlander”.