Case Number: BC701887 Hearing Date: August 30, 2019 Dept: 5

Superior Court of California
County of Los Angeles
Department 5

ELEAZAR ALONSO,

Plaintiff,

v.

ANTONIO RINCON, et al.,

Defendants.

Case No.: BC701887

Hearing Date: August 30, 2019

[TENTATIVE] order RE:

DEFENDANTS’ motions to compel discovery responses

Defendants Antonio Rincon, Carlos Guzman, and Jose Guzman (“Defendants”) move to compel responses from Plaintiff Eleazar Alonso (“Plaintiff”) to: (1) Form Interrogatories, Set One (“FROG”), (2) Special Interrogatories, Set One (“SROG”), (3) Request for Production of Documents, Set One (“RPD”), and (4) Request for Statement of Damages. Defendants served the discovery requests on Plaintiff by mail on December 21, 2018. Defendants granted Plaintiff an extension of time to respond by April 5, 2019. As of the filing date of this motion, Plaintiff has not served responses. Plaintiff has not opposed the motions, and there is nothing in the record to suggest that Plaintiff has responded to the discovery requests. Nor is there any evidence in the record that Plaintiff has served a statement of damages. Accordingly, the motions to compel responses to the FROG, SROG, RPD, and Request for Statement of Damages are granted per Code of Civil Procedure sections 425.11(b), 2030.290, and 2031.300. Plaintiff is ordered to serve responses to Defendants’ FROG, SROG, RPD, and Request for Statement of Damages without objections, within thirty (30) days of service of this order.

Defendants request monetary sanctions against Plaintiff and/or his attorney of record. 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 orders Plaintiff and Plaintiff’s counsel-of-record, jointly and severally, to pay sanctions in the amount of $875, based on five hours of attorney time at a rate of $175 per hour, plus four filing fees of $60 each.

CONCLUSION AND ORDER

Defendants’ motions to compel responses to the FROG, SROG, RPD, and Request for Statement of Damages are granted per Code of Civil Procedure sections 425.11(b), 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 his counsel-of-record, jointly and severally, are ordered to pay monetary sanctions in the amount of $1,115 to Defendants, by and through counsel, within thirty (30) days of notice of this order. Defendants are ordered to provide notice of this order and file proof of service of such.

DATED: August 30, 2019 ___________________________

Stephen I. Goorvitch

Judge of the Superior Court