Case Number: BC634765 Hearing Date: March 16, 2018 Dept: 50

Superior Court of California
County of Los Angeles
Department 50

Jessica ramirez, et al.,

Plaintiffs,

vs.

ghp management, inc., et al.,

Defendants.

Case No.:

BC 634765

Hearing Date:

March 16, 2018

Hearing Time:

8:30 a.m.

[TENTATIVE] ORDER RE:

A. DEFENDANT BRS ROOFING, INC.’S MOTION TO COMPEL PLAINTIFF ALBERT STUART BEVANS TO PROVIDE RESPONSES TO:

a. FORM INTERROGATORIES, SET NO. ONE

b. REQUEST FOR PRODUCTION OF DOCUMENTS, SET NO. ONE

B. DEFENDANT BRS ROOFING, INC.’S MOTIONS TO COMPEL PLAINTIFF ALIYAH FRAZIER, A MINOR BY AND THROUGH HER GUARDIAN ADLITEM, TO PROVIDE RESPONSES TO:

a. SPECIAL INTERROGATORIES, SET NO. ONE

b. REQUEST FOR PRODUCTION OF DOCUMENTS, SET NO. ONE; AND

C. REQUESTS FOR SANCTIONS FOR ALL ABOVE MOTIONS

Background

Plaintiffs Jessica Ramirez, Albert Stuart Bevans, Aliyah Frazier, Jasmin Frazier, Albert Bevans, and Janae Bevans (collectively, “Plaintiffs”) filed the instant action on September 21, 2016. The operative First Amended Complaint (“FAC”) was filed on January 12, 2017. The gravamen of the FAC is that Plaintiffs, 2 adults and 4 minor children, were injured as a result of a roof collapse that occurred in their home.

On September 25, 2017, Defendant BRS Roofing, Inc. (“BRS”) served Plaintiffs with the first set of Form Interrogatories, Special Interrogatories, Request for Production of Documents, and Request for Admissions. (Rolan Decl., ¶ 5.) Plaintiffs were granted multiple requests for extensions of time to respond to the discovery, and eventually the agreed upon due date for the discovery responses was December 13, 2017. (Rolan Decl., ¶ 6.) BRS only received responses to the Requests for Admission, and thereafter, on December 27, 2017, sent a meet and confer letter to Plaintiffs inquiring about the status of the missing discovery responses. (Rolan Decl., ¶ 7, Ex. B.) As of the filing of the instant motion, BRS has neither received responses to the outstanding discovery nor a response to the meet and confer letter. (Rolan Decl., ¶ 8.)

BRS now moves to compel responses from Plaintiff Albert Stuart Bevans (“A. S. Bevans”) to the Form Interrogatories and the Request for Production of Documents and Plaintiff Aliyah Frazier (“Frazier”), by and through her guardian ad litem, to the Special Interrogatories and Requests for Production of Documents. No opposition to these motions was filed.

Discussion

If a party to whom interrogatories or an inspection demand were directed fails to serve a timely response, the propounding party may move for an order compelling responses without objections and for a monetary sanction. (CCP §§2030.290(b); 2031.300(b).) Here, A.S. Bevans and Frazier did not serve a timely response to BRS’ requests. A.S. Bevans and Frazier do not oppose the instant motions, so they do not contend otherwise. Accordingly, BRS’ motions to compel are granted as to its first sets of Form Interrogatories, Special Interrogatories, and Requests for Production of Documents.

BRS has also requested the Court order monetary sanctions in the amount of $900 for each of the four motions. In light of the lack of an opposition and the ability to appear via CourtCall for $86, the Court finds that imposing sanctions in the total amount of $900 in total is reasonable.

Conclusion

A.S. Bevans and Frazier are ordered to serve written responses without objections within 30 days of notice of this Order. A.S. Bevans and Frazier are ordered to pay monetary sanctions in the amount of $900.00 to BRS, by and through its counsel, within 30 days of notice of this Order. (Code Civ. Proc., §§2030.290(c), 2031.300(c) and 2033.280(c).)

BRS is ordered to provide notice of this Order.

DATED: March 16, 2018 ________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court