2016-00201364-CU-OE

Adela Bon Gaunia vs. RML Childrens Home, Inc.

Nature of Proceeding: Motion to Compel Responses to Discovery Request (RMLCare Group,

Filed By: Harrington, Michael J.

Plaintiff’s motion to compel defendant RML Care Group, Inc.’s responses to requests for production of documents is UNOPPOSED and is GRANTED as follows.

On August 21, 2018, the Court granted Plaintiff’s motion to compel RML Care Group, Inc.’s responses to requests for production. The Court’s order stated that RML Care Group, Inc. shall provide verified responses, without objections, to plaintiff’s requests for production of documents no later than 9/7/2018 (unless plaintiff agrees to a later date memorialized in writing). (ROA 55.)

On August 27, 2018, Plaintiff filed a Notice of Stay after receiving notification that defendants Reece Ventura and Rodina Ventura had filed for Chapter 13 bankruptcy relief. The August 27 Notice of Stay, drafted by Plaintiff, erroneously stated that the action was stayed as to RML Children’s Home, Inc. and RML. On September 7, counsel for RML Care Group, Inc. stated that it would not be serving responses to the RFPs after receiving the Notice of Stay. (Harrington Decl. ¶5, Ex. 3.) Plaintiff’s counsel explained that the stay was not applicable to RML Care Group, Inc., and extended the deadline to respond to the RFPs until September 10. (Id.) On September 10, 2018, Plaintiff filed an Amended Notice of Stay, clarifying that the action was stayed only as to defendants Reece and Rodina Ventura.

On October 18, RML Care Group, Inc. submitted a statement of non-opposition, asserting that it served verified responses, without objections, to plaintiff’s requests for

production of documents. RML Care Group, Inc. also asked that the Court not impose sanctions.

Although the motion is not opposed, and RML Care Group, Inc. ultimately complied

with the order, the Court will grant Plaintiff’s request for monetary sanctions pursuant
to CCP § 2023.010(g), which permits the imposition of sanctions where a party
disobeys a Court order to provide discovery. Here,RML Care Group, Inc.’s lack of
compliance until the eleventh hour forced Plaintiff to file this motion and obtain a Court
order. RML Care Group, Inc. shall pay $360 (1 hour @ the reasonable rate of
$300.00/hr + $60.00 filing fee). If RML Care Group, Inc. fails to pay the sanction by
such date, then Plaintiff may lodge for the Court’s signature a formal order awarding
sanctions, which may be enforced as a separate judgment. (See Newland v. Superior
Court (1995) 40 Cal.App.4th 608, 615.)

This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc. §1019.5; CRC Rule 3.1312.)

Item 14 2016-00201364-CU-OE

Adela Bon Gaunia vs. RML Childrens Home, Inc.

Nature of Proceeding: Motion to Compel Responses to Discovery Request (RML Group Home)

Filed By: Harrington, Michael J.

Plaintiff’s motion to compel defendant RML Group Home’s responses to requests for production of documents is UNOPPOSED and is GRANTED as follows.

On August 21, 2018, the Court granted Plaintiff’s motion to compel defendant RML Group Home’s responses to requests for production. The Court’s order stated that RML Group Home shall provide verified responses, without objections, to plaintiff’s requests for production of documents no later than 9/7/2018 (unless plaintiff agrees to a later date memorialized in writing). (ROA 56.)

On August 27, 2018, Plaintiff filed a Notice of Stay after receiving notification that defendants Reece Ventura and Rodina Ventura had filed for Chapter 13 bankruptcy relief. The August 27 Notice of Stay, drafted by Plaintiff, erroneously stated that the action was stayed as to RML Children’s Home, Inc. and RML. On September 7, counsel for RML Group Home stated that it would not be serving responses to the RFPs after receiving the Notice of Stay. (Harrington Decl. ¶5, Ex. 3.) Plaintiff’s counsel explained that the stay was not applicable to RML Group Home, and extended the deadline to respond until September 10. (Id.) On September 10, 2018, Plaintiff filed an Amended Notice of Stay, clarifying that the action was stayed only as to defendants Reece and Rodina Ventura.

On October 18, RML Group Home submitted a statement of non-opposition, asserting that it served verified responses, without objections, to plaintiff’s requests for production of documents. RML Group Home also asked that the Court not impose sanctions.

Although the motion is not opposed, and RML Group Home ultimately complied with

the order, the Court will grant Plaintiff’s request for monetary sanctions pursuant to CCP § 2023.010(g), which permits the imposition of sanctions where a party disobeys a Court order to provide discovery. Here, RML Group Home’s lack of compliance until the eleventh hour forced Plaintiff to file this motion and obtain a Court order. RML Group Home shall pay $360 (1 hour @ the reasonable rate of $300.00/hr + $60.00 filing fee). If RML Group Home fails to pay the sanction by such date, then Plaintiff may lodge for the Court’s signature a formal order awarding sanctions, which may be enforced as a separate judgment. (See Newland v. Superior Court (1995) 40 Cal.App.4th 608, 615.)

This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc. §1019.5; CRC Rule 3.1312.)