Lawzilla Additional Information:
Per the Los Angeles court records plaintiffs are represented by attorney Albert Stoll who is being sanctioned by the court.

Case Number: BC626564 Hearing Date: April 10, 2018 Dept: 97

Superior Court of California
County of Los Angeles
Department 97

Hannah Portello-Swagel, et al.,

Plaintiffs,

v.

Sergio Javier Santana, et al.,

Defendants.

Case No.: BC626564

Hearing Date: April 10, 2018

[TENTATIVE] order RE:

defendant’S motions to compel discovery responses

Defendant County of Los Angeles (“Defendant”) has filed three motions to compel responses from Plaintiff Crystal Lynn Nelson (“Plaintiff”) to: (1) Request for Production of Documents (“RPD”), set one; (2) Form Interrogatories (“FROG”), set one; and (3) Special Interrogatories (“SROG”), set one.

On September 14, 2016, Defendant served the discovery requests on Plaintiff. Defense counsel sent Plaintiff a letter in October of 2017[1] requesting that the discovery be produced by October 13, 2017, or the instant motions would be filed. As of the filing of the motions on March 9, 2018, Defendant has not received responses from Plaintiff. Plaintiff has not filed any opposition to any of Defendant’s motions.

Under CCP § 2024.020, motions concerning discovery must be heard on or before the fifteenth day before the date initially set for trial. The Court notes that the trial is set for May 1, 2018. The last order granting a trial continuance, filed on February 21, 2018, allowed the discovery dates to be based on the May 1, 2018 date. The fifteenth day before the May 1 trial date is April 16, 2018. Therefore, this motion is timely.

Defendant’s motions to compel responses to the RPD, FROG, and SROG are granted pursuant to CCP §§2030.290 and 2031.300. Plaintiff is ordered to serve verified responses to Defendant’s form interrogatories, special interrogatories, and demand for inspection and production of documents, without objections, within seven (7) days of notice of this order. This time is shorter than the Court would normally allow so that Defendant can receive the discovery before the Final Status Conference, set for April 20, 2018.

Defendant requests sanctions against Plaintiff. The Court finds Plaintiff’s failure to respond a misuse of the discovery process. Sanctions have been sufficiently noticed against Plaintiff and Plaintiff’s counsel. The Court grants sanctions for 2 hours to prepare the three motions and appear at the hearing, at $375.00 per hour, plus three $60 filing fees, for a total of $930.00. Plaintiff Crystal Lynn Nelson and Plaintiff’s counsel Albert G. Stoll are ordered to pay monetary sanctions in the amount of $930.00 to Defendant, by and through counsel, within thirty (30) days of notice of this order.

Defendant is ordered to provide notice of this order.

DATED: April 10, 2018 ___________________________

Elaine Lu

Judge of the Superior Court

[1] The discovery was served in 2016, and no motions to compel were filed until 2017, one year later. Sections 2030.290 and 2031.300 do not have a time limit for when motions to compel may be brought.