Case Number: BC660846 Hearing Date: February 13, 2020 Dept: 32

Superior Court of California
County of Los Angeles
Department 32

AM TRUST AMERICA, Inc.,

Plaintiff,

v.

DOMINGO ESCOBAR, et al.,

Defendants.

Case No.: BC660846

Hearing Date: February 13, 2020

[TENTATIVE] order RE:

motionS to compel FURTHER discovery responses

Department #32 will be dark for motions on February 13, 2020. Each party is ordered to email the Court’s clerk at SSCDept32@lacourt.org before 1:30 p.m. that day to inform the clerk whether you are submitting on the Court’s tentative or whether you are requesting a hearing. If any party requests a hearing, one will be scheduled. If you do not request a hearing or fail to email the Court’s clerk before 1:30 p.m. on the date of the hearing, you will waive the right to be heard and shall submit to this tentative order, which shall issue.

TENTATIVE ORDER

Defendants Domingo Escobar and Smart & Final Stores, Inc. (“Defendants”) filed motions to compel further responses from AM Trust America, Inc. (“Plaintiff”) to Requests for Production, Numbers 1 through 23. Defendant Smart and Final, Inc. also seeks further responses to Requests for Admission, Numbers 1 through 4. Defendants seek sanctions against Plaintiff.

Defendants scheduled an informal discovery conference (“IDC”), as required by the Court’s standing order. Defendants’ counsel appeared, but Plaintiff’s counsel did not. Plaintiff also failed to oppose these motions. The motions are granted in their entirety. Plaintiff shall provide verified, code-compliant responses, without objections, within thirty (30) days of notice of this order. The Court finds that the failure to participate in the IDC and respond to the discovery requests appropriately is an abuse of the discovery process warranting sanctions. Therefore, the Court orders Plaintiff and its counsel-of-record to pay sanctions, jointly and severally, in the amount of $2,080, based upon ten hours of attorney time at a rate of $190 per hour plus three filing fees of $60 each. Defendants shall provide notice and file proof of such with the Court.

DATED: February 13, 2020 ___________________________

Stephen I. Goorvitch

Judge of the Superior Court