Case Number: BC609414 Hearing Date: January 24, 2019 Dept: 5

Superior Court of California
County of Los Angeles
Department 5

michael samuel orrin, jr.,

Plaintiff,

v.

ananth sundaralingham,

Defendant.

Case No.: BC609414

Hearing Date: January 24, 2019

[TENTATIVE] order RE:

Motion to compel FURTHER RESPONSES AND FOR SANCTIONS

Plaintiff Michael Samuel Orrin, Jr. (“Plaintiff”) filed this action against Defendant Ananth Sundaralingham (“Defendant”) based on injuries he allegedly sustained in a motor vehicle collision. Defendant moves to compel Plaintiff to serve verifications of his responses to: (1) Supplemental Request for Production of Documents, sets 3 and 4, and (2) Supplemental Interrogatories, sets 3 and 4. The motions are denied as moot. The Court finds good cause not to impose sanctions.

A party may serve supplemental interrogatories once after the Court initially sets the matter for trial. (Code Civ. Proc., § 2030.070, subd. (b).) The same rule applies to requests for production of documents. (Code Civ. Proc., § 2031.050, subd. (b).) In this case, Defendant propounded four sets of supplemental interrogatories and four sets of supplemental requests for production of documents without leave from the Court. Plaintiff then served verifications after this motion was filed. Therefore, the motion is denied as moot.

Defendant requests sanctions in the amount of $10,000, based on spending ten (10) hours to meet-and-confer, prepare the motion, and anticipated argument time, at a rate of $1,000. The Court declines to order sanctions. Not only is defense counsel’s rate excessive given the nature of this case, Defendant propounded the additional supplemental interrogatories and supplemental requests for production of documents without leave of the Court. Therefore, the Court believes that the award of sanctions would be unjust. (See Code Civ. Proc., §§ 2030.290, subd. (c), 2031.300, subd. (c).)

CONCLUSION AND ORDER

Defendant’s motions to compel Plaintiff to serve verifications of his responses to:

(1) Supplemental Request for Production of Documents, sets 3 and 4, and (2) Supplemental Interrogatories, sets 3 and 4 are denied as moot. Defendant is ordered to provide notice of this order and file proof of service of such.

DATED: January 24, 2019 ___________________________

Stephen I. Goorvitch

Judge of the Superior Court