Category Archives: Los Angeles Superior Court Tentative Rulings

RON CUELLAR vs. WESTGATE COMMUNITY BIBLE CHURCH

Case Number: 18STCV08220 Hearing Date: February 21, 2020 Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT

RON CUELLAR,

Plaintiff,

vs.

WESTGATE COMMUNITY BIBLE CHURCH, ET AL.

Defendants.

CASE NO: 18STCV08220

[TENTATIVE] ORDER GRANTING DEFENDANT’S MOTION TO COMPEL

Dept. 31

10:00 a.m.

February 24, 2020

Defendant, Corona South Hills Community Church, seeks to compel further responses by Plaintiff, Ron Cuellar, to Defendant’s Special Interrogatories, Set One, and Form Interrogatories, Set One. An IDC on the issues was held on December 18, 2019. The Court found the issues resolved. The Court notes that Plaintiff agrees to supplement responses by January 17, 2020. Defendant is asked to take the instant motions off calendar as early as possible if discovery is provided. To date, the instant motions are still on calendar.

A motion to compel further responses to interrogatories may be brought based on: (1) an answer to a particular interrogatory is evasive or incomplete; (2) an exercise of the option to produce documents under Section 2030.230 is unwarranted or the required specification of those documents is inadequate; or (3) an objection to an interrogatory is without merit or too general. (Code Civ. Proc., § 2030.300(a).)

First, the Court will make inquiries as to reasons why the instant motions are still on calendar. If Plaintiff has provided Defendant with supplemental responses then the motions are moot, and therefore will be taken off calendar.

Second, if Plaintiff has not provided Defendant with supplemental responses, Defendant’s motions to compel are GRANTED. CCP § 2030.300(a). Plaintiff is ordered to serve supplemental responses to Defendant’s Special Interrogatories, Set One, and Form Interrogatories, Set One, within ten days.

Defendant seeks sanctions against Plaintiff and its attorney of records in the sum of $5,016 for both motions. Sanctions are mandatory. CCP § 2030.300(d). Defendant’s attorney bills at the rate of $180/hour. The Court awards a total of six hours for the two motions at the rate of $180/ hour, or $1,080 in attorney’s fees. The Court also awards the requested $120 for two filing fees, for the total amount of $1,200.

Sanctions are sought and imposed against Ron Cuellar and his attorney of record, jointly and severally; they are ordered to pay sanctions to Defendant, by and through its attorney of record, in the amount of $1,200, within twenty days.

Moving party to provide notice.