Case Number: 19STCV37538 Hearing Date: November 22, 2019 Dept: 5

Superior Court of California
County of Los Angeles
Department 5

francisca casco,

Plaintiff,

v.

allstate northbrook indemnity company,

Defendant.

Case No.: 19STCV37538

Hearing Date: November 22, 2019

[TENTATIVE] order RE:

motions to compel discovery responses

Plaintiff Francisca Casco (“Plaintiff”) moves to compel Defendant Allstate Northbrook Indemnity Company (“Defendant”) to respond to: (1) Request for Production of Documents, Set One (“RPD”); (2) Form Interrogatories, Set One (“FROG”); and (3) Special Interrogatories, Set One (“SROG”). Plaintiff also moves to deem the Requests for Admissions, Set One (“RFAs”) to have been admitted. After Plaintiff filed these motions, Defendant served responses. Accordingly, the motions are moot except as to sanctions. The motions are granted as to sanctions.

The Court concludes that Defendant’s failure to timely respond to the discovery is an abuse of the discovery process. Plaintiff served the discovery requests on July 15, 2019 by mail, meaning that the responses were due on or before August 19, 2019. Plaintiff provided an extension to September 19, 2019. When Defendant did not respond, Plaintiff served a meet-and-confer letter on October 7, 2019, giving Defendant ten days to respond. Defendant failed to do so, and Plaintiff filed this motion on October 24, 2019. Only then, on November 8, 2019, did Defendant respond. This is unacceptable. The court therefore imposes sanctions against Defendant and Defendant’s counsel of record, Michael F. Moon, jointly and severally, in the amount of $1,240, which represents four hours of attorney time at $250 per hour, plus four filing fees of $60 each.

CONCLUSION AND ORDER

Plaintiff’s motions to compel responses to the RPD, FROG, and SROG and Plaintiff’s motion to deem admitted matter specified in the RFA are moot except as to sanctions.

Defendant and Defendant’s counsel of record, Michael F. Moon, jointly and severally, are ordered to pay monetary sanctions in the amount of $1,240 to Plaintiff, by and through counsel, within 30 days of notice of this order.

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

DATED: November 22, 2019 ___________________________

Stephen I. Goorvitch

Judge of the Superior Court