VICTOR SIREGAR ET AL VS KINDRED HOSPITAL SAN GABRIEL VALLEY

Case Number: BC520369    Hearing Date: July 25, 2014    Dept: 97

Superior Court of California
County of Los Angeles
Department 97

VICTOR SIREGAR, et al.
Plaintiffs,
v.

KINDRED HOSPITAL SAN GABRIEL VALLEY, et al.,
Defendants.
Case No.: BC 520369

Hearing Date: July 25, 2014

[TENTATIVE] ORDER RE:
DEFENDANT SOUTHERN CALIFORNIA SPECIALTY CARE, INC.’S MOTIONS TO COMPEL

Defendant Southern California Specialty Care, Inc., dba Kindred Hospital San Gabriel Valley, filed these motions seeking an order compelling Plaintiff Victor Siregar to provide responses to discovery and an order deeming matters admitted. While these motions were pending, Plaintiff provided responses to the discovery. Plaintiff’s opposition brief was filed and served one day late, and does not provide copies of the responses as evidence. However, Defendant’s reply papers do include copies of the responses, which the Court has examined.
The motions to compel are moot except as to the request for monetary sanctions, based on the fact that responses were provided prior to the hearing. To the extent Defendant finds the responses deficient, motions to compel further response will be required after meeting and conferring in person or by telephone and, if unsuccessful, participating in an Informal Discovery Conference.
The motion to deem matters admitted is denied on the basis that responses substantially in compliance with the code were served prior to the hearing. CCP §2033.280(c) provides that sanctions are mandatory in this circumstance.
The Court finds that four hours is a reasonable amount of time to have spent on each of the four motions and therefore awards monetary sanctions on these four motions in the amount of $1,755. Plaintiff Victor Siregar and his attorneys of record, jointly and severally, are ordered to pay the monetary sanctions to Defendant, by and through counsel, within twenty days of notice of this order.
Defendant is ordered to provide notice of this order.

 

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