Case Number: BC676891 Hearing Date: February 05, 2019 Dept: 5

Superior Court of California
County of Los Angeles
Department 5

shirley francisco retuta,

Plaintiff,

v.

andres decosta, et al.,

Defendants.

Case No.: BC676891

Hearing Date: February 5, 2019

[TENTATIVE] order RE:

motions to compel discovery responses

Defendant Turn Around Communications, Inc. (“Defendant”) moves to compel responses from Plaintiff Shirley Francisco Retuta (“Plaintiff”) to: (1) Request for Production of Documents (“RPD”), set one; (2) Form Interrogatories (“FROG”), set one; and (3) Special Interrogatories (“SROG”), set one.

Defendant served the discovery at issue on Plaintiff by mail on July 25, 2018. Defendant granted Plaintiff extensions of time to respond until September 27, 2018. As of the filing date of these motions, Defendant has not received responses from Plaintiff. Accordingly, the motions to compel responses to the RPD, FROG, and SROG are granted per Code of Civil Procedure sections 2030.290 and 2031.300. Plaintiff is ordered to serve responses to Defendants’ RPD, FROG, and SROG, without objections, within thirty (30) days of service of this order.

The Court concludes that Plaintiff’s failure to respond to the discovery is an abuse of the discovery process, and awards sanctions in connection with these motions. The Court awards sanctions against Plaintiff and her counsel of record, Tae-Yoon Kim, in the amount of $645, which represents three hours of attorney time to prepare the motions and attend the hearing at $175 per hour, plus two filing fees of $60 each.

CONCLUSION AND ORDER

Defendant’s motions to compel responses to the RPD, FROG, and SROG are granted per Code of Civil Procedure sections 2030.290 and 2031.300. Plaintiff is ordered to serve verified responses, without objections, within thirty (30) days of notice of this order.

Plaintiff and Plaintiff’s counsel of record, Tae-Yoon Kim, jointly and severally, are ordered to pay monetary sanctions in the amount of $645 to Defendant, by and through counsel, within thirty (30) days of notice of this order.

Defendant is ordered to provide notice of this order and file proof of service of such.

DATED: February 5, 2019 ___________________________

Stephen I. Goorvitch

Judge of the Superior Court