Case Number: BC678886 Hearing Date: November 21, 2018 Dept: 5

Superior Court of California
County of Los Angeles
Department 5

RITA ALEJANDRA RAMIREZ MELGOZa, et al.,

Plaintiffs,

v.

JUAN E. URANDA FIGUEROA,

Defendant.

Case No.: BC678886

Hearing Date: November 21, 2018

[TENTATIVE] order RE:

DEFENDANT’S MOTIONS TO COMPEL DISCOVERY RESPONSES FROM PLAINTIFFS

Defendant Juan E. Uranda Figueroa (“Defendant”) moves to compel the discovery responses of Plaintiffs Rita Alejandra Ramirez Melgoza (“Melgoza”) and Gonzalo Gonzalez Pantagua (“Pantagua”). Defendant requests to compel Melgoza’s responses to: (1) Form Interrogatories, set one and (2) Demand for Inspection of Documents, set one. Defendant also requests to compel Pantagua’s responses to: (1) Form Interrogatories, set one and (2) Demand for Inspection of Documents, set one.

On November 29, 2017, Defendant served the discovery requests on Melgoza and Pantagua. (Torosyan Decl., ¶ 3, Exh. A.) The responses were due January 3, 2018. (Id. at ¶ 3.) A two-week extension was granted, such that the responses were due January 17, 2018. (Ibid.) On August 14, 2018, Defendant’s counsel sent letters to Melgoza and Pantagua, requesting that Melgoza and Pantagua provide responses, without objection, within fourteen days. (Id. at ¶ 6, Exh. B.) On October 18, 2018, Defendant’s counsel sent additional letters to Melgoza and Pantagua regarding the overdue discovery responses. (Id. at ¶ 7, Exh. C.) As of the filing of these motions on October 22, 2018, Defendant has not received responses from either Melgoza or Pantagua. (Id. at ¶ 8.) Melgoza and Pantagua have not filed oppositions to any of Defendant’s motions.

Defendant’s motions to compel Melgoza’s and Pantagua’s responses to the Form Interrogatories and Demand for Inspection of Documents, sets one are granted pursuant to CCP §§ 2030.290 and 2031.300. Plaintiffs Rita Alejandra Ramirez Melgoza and Gonzalo Gonzalez Pantagua are each ordered to serve verified responses to Defendant’s Form Interrogatories and Demand for Inspection of Documents, sets one, without objections, within twenty (20) days of notice of this order.

Defendant requests monetary sanctions against Melgoza and Pantagua. The Court finds each Plaintiff’s failure to respond a misuse of the discovery process. Sanctions have been sufficiently noticed against both Plaintiffs.

Against Plaintiff Melgoza, the Court grants sanctions for 1.75 hours to prepare the motions and appear at the hearing, at $245.00 per hour, plus two $60 filing fees, for a total of $548.75. Plaintiff Melgoza is ordered to pay monetary sanctions in the amount of $548.75 to Defendant, by and through counsel, within thirty (30) days of notice of this order.

Against Plaintiff Pantagua, the Court grants sanctions for 1.75 hours to prepare the motions and appear at the hearing, at $245.00 per hour, plus two $60 filing fees, for a total of $548.75. Plaintiff Pantagua is ordered to pay monetary sanctions in the amount of $548.75 to Defendant, by and through counsel, within thirty (30) days of notice of this order.

CONCLUSION AND ORDER

Defendant’s motions to compel Melgoza’s and Pantagua’s responses to the Form Interrogatories and Demand for Inspection of Documents, sets one are granted pursuant to CCP §§ 2030.290 and 2031.300. Plaintiffs Rita Alejandra Ramirez Melgoza and Gonzalo Gonzalez Pantagua are each ordered to serve verified responses to Defendant’s Form Interrogatories and Demand for Inspection of Documents, sets one, without objections, within twenty (20) days of notice of this order.

Defendant’s requests for sanctions are granted. Plaintiff Melgoza is ordered to pay monetary sanctions in the amount of $548.75 to Defendant, by and through counsel, within thirty (30) days of notice of this order. Plaintiff Pantagua is ordered to pay monetary sanctions in the amount of $548.75 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: November 21, 2018 ___________________________

Elaine Lu

Judge of the Superior Court