Mike Monterroso v. Shirley Smith

Lawzilla Additional Information:
Per the Los Angeles court records plaintiff is represented by attorney Paul Kingston who is being sanctioned by the court.

Case Number: BC665947 Hearing Date: April 26, 2018 Dept: 5

Superior Court of California
County of Los Angeles
Department 5

Mike Monterroso,

Plaintiff,

v.

Shirley Smith, et al.,

Defendants.

Case No.: BC665947

Hearing Date: April 26, 2018

[TENTATIVE] order RE:

defendantS’ motions to compel discovery responses

Defendants Shirley Smith, Estate of Iberia Adams, and Stuhlbarg, Norene and Associates (“Defendants”) have filed three motions to compel responses from plaintiff Mike Monterroso (“Plaintiff”) to: (1) Demand for Inspection and Production of Documents (“DIPD”), set one; (2) Form Interrogatories (“FROG”), set one; and (3) Special Interrogatories (“SROG”), set one.

On December 26, 2017, Defendants served the discovery requests on Plaintiff. Plaintiff failed to provide discovery responses. Defense counsel sent a letter to Plaintiff on February 9, 2018 inquiring as to the failure to respond. As of the filing of the motions on March 14, 2018, Defendants have not received responses from Plaintiff. Plaintiff has not filed any opposition to Defendants’ motions.

Defendants’ motions to compel responses to the DIPD, FROG, and SROG are granted pursuant to CCP §§2030.290 and 2031.300. Plaintiff is ordered to serve verified responses to Defendants’ form interrogatories, special interrogatories and demand for inspection and production of documents, without objections, within thirty (30) days of notice of this order.

Defendants request sanctions against Plaintiff. The Court finds Plaintiff’s failure to respond a misuse of the discovery process. Sanctions have been sufficiently noticed against Plaintiff and Plaintiff’s counsel. The Court grants sanctions for 3 hours to prepare the three motions and appear at the hearing, at $133.00 per hour, plus three $60 filing fees, for a total of $579.00. Plaintiff and Plaintiff’s counsel are ordered to pay monetary sanctions in the amount of $579.00 to Defendants, by and through counsel, within thirty (30) days of notice of this order.

All parties should note that the hearing on this motion and all future hearings and court dates will take place at the Court’s new location: Spring Street Courthouse, 312 N. Spring Street, Department 5, Los Angeles, CA 90012.

Defendants are ordered to provide notice of this order, including the Court’s new location and new department number, and file proof of service of such.

DATED: April 26, 2018 ___________________________

Elaine Lu

Judge of the Superior Court

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