Case Number: BC659249 Hearing Date: March 12, 2018 Dept: 97

Superior Court of California
County of Los Angeles
Department 97

MArcelino Martinez,

Plaintiff,

v.

Jose Marco Lizarraga, et al.,

Defendants.

Case No.: BC659249

Hearing Date: March 12, 2018

[TENTATIVE] order RE:

defendantS’ motions to compel discovery responses

Defendants Jose Marco Lizarraga and Beatriz Orozco filed three motions to compel responses from Plaintiff Marcelino Martinez (“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. The Court notes that Plaintiff’s counsel was relieved by Court Order on November 30, 2018, and it became effective upon service of Plaintiff that same day.

On June 5, 2017, Defendants served the discovery requests on Plaintiff. As of December 29, 2017, Defendants had not received responses, and thus, defense counsel sent a letter inquiring about the failure to respond. On January 9, 2018, Plaintiff called defense counsel and acknowledged receipt of the letter. Defense counsel told Plaintiff that discovery responses were overdue and asked when he would be able to serve responses. In response, Plaintiff hung up on defense counsel and has since not answered any of counsel’s attempts to communicate. As of the filing of these motions on January 22, 2018, Defendants still had not received any discovery responses from Plaintiff.

Defendants’ motions to compel responses to the FROG, SPROG, and RPD are granted pursuant to CCP §§2030.290 and 2031.300. Plaintiff is ordered to provide verified responses to Defendant’s form interrogatories, special interrogatories, and demand for production of documents, 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 3.5 hours to prepare the three motions and appear at the hearing, at $150.00 per hour, plus three $60 filing fees, for a total of $705.00. Plaintiff Marcelino Martinez is ordered to pay monetary sanctions in the amount of $705.00 to Defendants, by and through counsel, within thirty (30) days of notice of this order.

Defendants are ordered to provide notice of this order.

DATED: March 12, 2018 ___________________________

Elaine Lu

Judge of the Superior Court