Ferial Eltawil v. Carlos Henriqez Sanchez

Case Number: BC622840 Hearing Date: March 09, 2018 Dept: 97

Superior Court of California
County of Los Angeles
Department 97

Ferial Eltawil,

Plaintiff,

v.

Carlos Henriqez Sanchez, et al.,

Defendant.

Case No.: BC622840

Hearing Date: March 9, 2018

[TENTATIVE] order RE:

defendantS’ motions to compel discovery responses

Defendants Elite Trucking Services, LLC, and Carlos Henriquez Sanchez (“Defendants”) filed the instant three motions to compel responses from Plaintiff Ferial Eltawil (“Plaintiff”) for: (1) Form Interrogatories (“FROG”), set one; (2) Special Interrogatories (“SROG”), set one; and (3) Request for Production of Documents (“RPD”), set one. Defendants also request sanctions for Plaintiff’s failure to respond. Plaintiff has not filed an opposition to this motion.

On July 20, 2017, Defendants served the discovery requests on Plaintiff. As of the filing of the motions, Defendants state that Defendants have not received responses from Plaintiff. Defendants allowed Plaintiff’s counsel multiple extensions but did not receive any discovery responses. On February 1, 2018 and February 8, 2018, defense counsel again contacted Plaintiff’s counsel about the lack of responses and was advised that response would be forthcoming. However, as of the date of filing these motions (February 15, 2018), Plaintiff has not served any responses.

Defendants’ motions to compel responses to the FROG, SROG, and RPD are granted pursuant to CCP §§2030.290 and 2031.300. Plaintiff is ordered to serve verified responses to Defendants’ FROG, SROG, and RPD, without objections, within thirty (30) days of notice of this order.

The Court finds Plaintiff’s failure to respond a misuse of the discovery process. Sanctions have been sufficiently noticed. The Court awards sanctions for 3 hours to prepare the motions and appear at the hearing, at $195.00 per hour, plus three $60 filing fees, for a total of $765.00. Plaintiff is ordered to pay monetary sanctions in the amount of $765.00 to Defendant, by and through counsel, within thirty (30) days of notice of this order.

Defendants are ordered to provide notice of this order.

DATED: March 8, 2018 ___________________________

Elaine Lu

Judge of the Superior Court

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