Lawzilla Additional Information:
Per the Los Angeles court records plaintiff is represented by attorney Karen Clark who is the subject of the sanctions tentative order by the judge.

Case Number: BC681790 Hearing Date: May 16, 2018 Dept: 47

Katherine Dymond v. The City of Los Angeles, et al.

MOTION TO COMPEL RESPONSES TO SPECIAL INTERROGATORIES[1]

MOVING PARTY: Defendants John Peri and Montan Peri

RESPONDING PARTY(S): No opposition filed.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

Plaintiff alleges that a landslide, for which the various Defendants are responsible, caused damage to Plaintiff’s property.

Various Defendants filed cross-complaints for indemnity and/or damage to their property.

Defendants John Peri and Montan Peri move to compel responses to special interrogatories, set one, from Plaintiff Katherine Dymond, and request the imposition of sanctions.

TENTATIVE RULING:

If not mooted prior to the hearing, Defendants John Peri and Montan Peri’s motion to compel responses to special interrogatories, set one, from Plaintiff Katherine Dymond is GRANTED. Verified, code compliant responses without objection are due from Plaintiff Katherine Dymond within 20 days of this Order.

Defendants’ request for sanctions is GRANTED against Plaintiff’s counsel, Law Office of Karen A. Clark, only in the amount of $810, which is the reasonable amount of attorney’s fees and costs incurred in connection with bringing this motion. Sanctions are to be paid to Defendants’ counsel within 20 days. The Court does not find the imposition of sanctions against Plaintiff herself to be appropriate, as the failure to serve responses appears to be attributable to counsel only.

DISCUSSION:

Motion To Compel Responses To Special Interrogatories, Set One

Defendants John Peri and Montan Peri move to compel responses to special interrogatories, set one, from Plaintiff Katherine Dymond, and request the imposition of sanctions.

When a party to whom interrogatories are directed fails to respond, under CCP § 2030.290(b) a party propounding the interrogatories may move for an order compelling a response. A party who fails to provide a timely response waives any objection, including one based on privilege or work product. CCP § 2030.290(a). For a motion to compel initial responses, no meet and confer is required. All that needs to be shown is that a set of interrogatories was properly served on the opposing party, that the time to respond has expired, and that no response of any kind has been served. Leach v. Sup. Ct. (1980) 111 Cal.App.3d 902, 905-06. Here, as of the date of the filing of the motions, Defendants had not received any responses to special interrogatories from Plaintiff. See Declaration of Marc S. Shapiro, ¶ 6. Therefore, the motion to compel responses to special interrogatories, set one, is GRANTED. Verified, code compliant responses without objection are due from Plaintiff Katherine Dymond within 20 days of this Order.

The court shall impose monetary sanctions against any party who unsuccessfully makes or opposes a motion to compel unless the court finds that the party subject to the sanctions acted with substantial justification or the imposition of sanctions would be unjust. CCP § 2030.290(c).

The court may award sanctions under the Discovery Act in favor of a party who files a motion to compel discovery, even though no opposition to the motion was filed, or opposition to the motion was withdrawn, or the requested discovery was provided to the moving party after the motion was filed.

CRC, Rule 3.1348(a)

Defendants’ request for sanctions is GRANTED against Plaintiff’s counsel, Law Office of Karen A. Clark, only in the amount of $810, which is the reasonable amount of attorney’s fees and costs incurred in connection with bringing this motion. Sanctions are to be paid to Defendants’ counsel within 20 days. The Court does not find the imposition of sanctions against Plaintiff herself to be appropriate, as the failure to serve responses appears to be attributable to counsel only.

Defendants to give notice, unless waived.

IT IS SO ORDERED.

Dated: May 16, 2018 ___________________________________

Randolph M. Hammock

Judge of the Superior Court

Any party may submit on the tentative ruling by contacting the courtroom via email at Smcdept47@lacourt.org by no later than 4:00 p.m. the day before the hearing. All interested parties must be copied on the email. It should be noted that if you submit on a tentative ruling the court will still conduct a hearing if any party appears. By submitting on the tentative you have, in essence, waived your right to be present at the hearing, and you should be aware that the court may not adopt the tentative, and may issue an order which modifies the tentative ruling in whole or in part.

[1] On May 14, 2018, Defendants filed a notice taking the motion to compel responses to form interrogatories off-calendar, but expressly indicated that the motion to compel responses to special interrogatories shall remain on calendar.