Case Number: BC665402 Hearing Date: November 12, 2019 Dept: 5

Superior Court of California
County of Los Angeles
Department 5

maricela hernandez,

Plaintiff,

v.

victoria a. scala, et al.,

Defendants.

Case No.: BC665402

Hearing Date: November 12, 2019

[TENTATIVE] order RE:

motion to compel discovery responses

Defendants Victoria A. Scala, Rosemary Scala, and Christina Scala (“Defendants”) move to compel responses from Plaintiff Maricela Hernandez (“Plaintiff”) to Special Interrogatories, Set Two (“SROG”). The motion is granted.

Defendants served the SROG on Plaintiff on July 12, 2019 by mail. Defendants granted Plaintiff multiple extensions of time to respond to September 9, 2019. As of the filing date of this motion, Defendants have not received responses from Plaintiff. Plaintiff has not opposed the motion, and there is nothing in the record to suggest that Plaintiff has complied with her discovery obligations. Therefore, the motion to compel responses to the SROG is granted per Code of Civil Procedure section 2030.290. Plaintiff is ordered to serve verified responses to Defendants’ SROG, without objections, within thirty (30) days of service of this order.

Defendants seek sanctions in connection with the motions. The Court concludes that Plaintiff’s failure to respond to the discovery is an abuse of the discovery process. The Court awards sanctions against Plaintiff and her counsel of record, Ron A. Rosen Janfaza, in the amount of $572, which represents four hours of attorney time at $133 per hour, plus the $40 Defendants requested for part of the filing fee.

CONCLUSION AND ORDER

Defendants’ motion to compel responses to the SROG is granted per Code of Civil Procedure section 2030.290. Plaintiff is ordered to serve verified responses within thirty (30) days of notice of this order.

Plaintiff and her counsel of record, Ron A. Rosen Janfaza, jointly and severally, are ordered to pay sanctions in the amount of $572 to Defendants, by and through counsel, within 30 days of notice of this order.

Defendants are ordered to provide notice of this order and file proof of service of such.

DATED: November 12, 2019 ___________________________

Stephen I. Goorvitch

Judge of the Superior Court