annie roboff v. city of los angeles

Case Number: BC606475 Hearing Date: May 13, 2019 Dept: 5

Superior Court of California
County of Los Angeles
Department 5

annie roboff,

Plaintiff,

v.

city of los angeles, et al.,

Defendant.

Case No.: BC606475

Hearing Date: May 13, 2019

[TENTATIVE] order RE:

defendant’s motion to compel responses to supplemental discovery; request for sanctions

NOTICE

Judge Goorvitch was sworn-in as a Superior Court Judge on December 15, 2015. Prior to that time, Judge Goorvitch made the following campaign contributions to Michael N. Feuer: (1) $100 to Mr. Feuer’s 2008 campaign for the 42nd Assembly District on or about November 9, 2007; (2) $100 to Mr. Feuer’s 2010 campaign for the 42nd Assembly District on or about October 19, 2010; and (3) $100 to Mr. Feuer’s 2013 campaign for Los Angeles City Attorney on or about May 30, 2012. Judge Goorvitch has no personal relationship with Mr. Feuer and has had no communications with Mr. Feuer since he became the City Attorney. The Court can be fair and impartial in this matter.

BACKGROUND

Defendant City of Los Angeles (“Defendant”) moves for an order compelling Plaintiff Annie Roboff (“Plaintiff”) to provide verified responses, without objections, to Defendant’s Supplemental Interrogatory and Supplemental Demand for Inspection and Production of Documents. Defendant also requests an award of sanctions against Plaintiff and her attorney of record in the amount of $600.00. (See Code Civ. Proc. §§ 2030.290 & 2031.300.) Defendant served Plaintiff with the discovery requests via mail on April 16, 2018. (Declaration of McGuire ¶ 2; Exhs A-B.) Plaintiff has not served responses to the discovery requests despite Plaintiff’s counsel’s representation, on August 15, 2018, that responses would be provided. (Declaration of McGuire ¶ 3; Exh. C.) Plaintiff filed no opposition, and there is nothing in the record to suggest that Plaintiff has complied with these discovery requests.

Based on the foregoing, Defendant’s motion is granted. Defendant requests sanctions against Plaintiff and counsel-of-record in the amount of $600. The Court grants the request for sanctions, as it finds that the failure to respond to outstanding discovery, especially for this length of time, is an abuse of the discovery process warranting sanctions. The Court orders sanctions in the amount of $600 based upon three hours of attorney time at a reasonable billing rate of $200 per hour.

CONCLUSION AND ORDER

Defendant City of Los Angeles’ motion to compel Plaintiff Annie Roboff to provide verified responses, without objections, to Defendant’s Supplemental Interrogatory and Supplemental Demand for Inspection and Production of Documents is granted, pursuant to Code of Civil Procedure sections 2030.290(a)-(b) and 2031.300(a)-(b). Defendant’s request for sanctions is granted against Plaintiff in the amount of $600.00, pursuant to sections 2030.290(c) and 2031.300(c). Plaintiff is ordered to serve verified responses, without objections, to the discovery requests and pay the monetary sanctions within thirty (30) days of notice of this order.

Defendant shall provide notice and file proof of such with the Court.

DATED: May 13, 2019 ___________________________

Hon. Stephen I. Goorvitch

Judge of the Superior Court

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