JORGE GARCIA v. SKYLER RAY TAMAYO

Lawzilla Additional Information: Plaintiff’s attorney on the amended complaint, per online records, is Catherine Lombardo

Case Number: BC708990 Hearing Date: June 04, 2019 Dept: 5

Superior Court of California
County of Los Angeles
Department 5

JORGE GARCIA,

Plaintiff,

v.

SKYLER RAY TAMAYO, et al.,

Defendants.

Case No.: BC708990

Hearing Date: June 4, 2019

[TENTATIVE] order RE:

Defendants’ Motion to Compel further responses

Defendants move to compel further responses to the Special Interrogatories, Set One (the “SROG”) from Plaintiff and seek sanctions from Plaintiff and/or counsel-of-record in the amount of $760. Plaintiff filed this action on October 25, 2018, alleging injuries following an automobile accident with Defendants. On January 28, 2019, Defendants propounded the SROG. Plaintiff served responses on February 28, 2019, but Plaintiff asserted objections to SROG Numbers 1, 3-13, 15-16, 19, 21, 22, 24, and 25. Defendants now move to compel further responses to those SROG.

Defendants scheduled a required informal discovery conference for May 10, 2019, but Plaintiff’s counsel failed to appear. Plaintiff’s counsel also failed to oppose this motion. Finally, the Court, having reviewed the objections, finds them to be without merit. Based upon the foregoing, the Court grants Defendants’ motion and orders Plaintiff to provide further responses to the above-referenced SROG, without objections, within twenty (20) days of notice of this order.

The Court finds that Plaintiff and his counsel-of-record have abused the discovery process by asserting meritless objections and by failing to participate in a required informal discovery conference. Therefore, the Court orders sanctions in the amount of $760 based upon four hours of attorney time at a rate of $175 per hour plus a filing fee of $60.

CONCLUSION AND ORDER

The Court grants the motion to compel further responses to the Special Interrogatories, Set One, and orders Plaintiff to provide further responses to the above-referenced SROG, without objections, within twenty (20) days of notice of this order. The Court orders Plaintiff and his counsel-of-record, jointly and severally, to pay sanctions in the amount of $760 within twenty (20) days of notice of this order. Defendants shall provide notice and file proof of such with the Court.

DATED: June 4, 2019 ___________________________

Stephen I. Goorvitch

Judge of the Superior Court

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