Case Number: BC706232 Hearing Date: September 10, 2019 Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT

CHARLES VINCENT TARON CORRADO,

Plaintiff(s),

vs.

DIANA NAJERA, ET AL.,

Defendant(s).

CASE NO: BC706232

[TENTATIVE] ORDER GRANTING MOTION TO CONTINUE TRIAL; GRANTING MOTIONS TO COMPEL; GRANTING REQUEST FOR SANCTIONS

Dept. 3

1:30 p.m.

September 10, 2019

1. Motion to Continue Trial

Trial in this case is currently scheduled for 11/18/19. Defendant moves for a continuance of the trial date, contending Plaintiff has failed to respond to discovery, such that the parties have been unable to prepare for trial. Defendants also note that the Estate of Donald Bernal only recently appeared in the action. Notably, the trial in this case has not been previously continued.

The Court finds Plaintiff’s failure to respond to discovery constitutes good cause to continue the trial date. The Court notes that any opposition to the motion was due on or before 8/27/19, and the Court has not received opposition to the motion.

Defendant seek to continue the trial date for six months, which is reasonable. The 11/18/19 trial date is advanced to today’s date and continued to Tuesday, 5/19/20 at 8:30 a.m. in Department 3 of the Spring Street Courthouse. The 10/30/19 FSC is advanced to today’s date and continued to 5/05/20 at 10:00 a.m. in Department 3. All discovery and expert cut-off dates to track the new trial date.

2. Motions to Compel

Defendant propounded special interrogatories, form interrogatories, and RPDs on Plaintiff on 2/06/19. To date, despite multiple meet and confer attempts, Plaintiff has not served responses. Defendant therefore seeks an order compelling Plaintiff to respond to the outstanding discovery, without objections, and to pay sanctions.

Defendant’s motions are granted. Plaintiff is ordered to serve verified responses to form interrogatories, special interrogatories, and RPDs, without objections, within ten days. CCP §§2030.290(a),(b), 2031.300(a),(b).

Sanctions are mandatory. §§2030.290(c), 2031.300(c). Defendant seeks sanctions in the amount of $990/motion. Defense Counsel bills at the rate of $180/hour. The Court awards one hour to prepare each form motion to compel. Counsel is located in Long Beach; the Court therefore awards three hours of appearance time. The Court awards a total of six hours of attorney time at the rate of $180/hour, for a total of $1080 in attorneys’ fees.

Sanctions are sought and imposed against Plaintiff and his attorney of record, jointly and severally; they are ordered to pay sanctions to Defendant, by and through counsel of record, in the total amount of $1080, within twenty days.

Defendant is ordered to give notice.