ROBERTO QUEZADA RUBALCAVA ET AL VS MANUEL GONZALEZ M D ET AL

Tentative Rulings

Case Number: BC643397    Hearing Date: December 05, 2019    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Defendant, Medicina Familiar Medical Group propounded RFAs, set two on Plaintiff, Roberto Rubalcava on 7/23/19.  On 10/02/19, Defendant filed a motion to deem RFAs admitted.  Defendant set the matter for hearing on 10/28/19.  Plaintiff did not oppose the motion, and the Court issued a tentative ruling granting the motion.  Plaintiff appeared at the hearing, but Counsel got called by his office and was not present for the actual hearing.  The Court adopted its tentative ruling.

At this time, Plaintiff moves for reconsideration of the prior ruling.  Plaintiff contends he served responses to the RFAs on 10/10/19, such that the Court acted improperly in deeming them admitted. 

Defendant opposes the motion, arguing (a) there are no new facts or law upon which the motion can be based, and (b) Plaintiff’s responses are not in substantial compliance with the Code. 

The Court recognizes that this is not a perfect fit for a motion for reconsideration.  However, pursuant to CCP §2033.280 and St. Mary v. Superior Court (2014) 223 Cal.App.4^th 762, 776, the Court lacked discretion to deem the RFAs admitted if Plaintiff had served responses to the RFAs, in substantial compliance with the Code, prior to the hearing.  Notably, Defendant should have advised the Court, at the hearing, that the motion was moot with the exception of the issue of sanctions.  Defendant’s failure to do so resulted in the issuance of an improper order, which must be vacated at this time.  The Court has reviewed the responses and finds that, while they may not be perfect, they are in “substantial compliance with the Code.”  Any concerns about the sufficiency of the responses can be addressed by way of meet and confer efforts, and the parties must schedule an IDC and motion to compel further responses if they are unable to resolve remaining issues. 

The motion for reconsideration is granted.  The Court vacates the portion of its 5/23/19 order deeming the RFAs admitted.  The remainder of the order, including the sanctions order, stands. 

Plaintiff is ordered to give notice.

Case Number: BC643397    Hearing Date: November 12, 2019    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Defendant, Medicina Familiar Medical Group propounded special interrogatories, set three and RPDs, set two on Plaintiff, Roberto Rubalcava on 7/23/19. Defendant propounded special interrogatories, set four and RPDs, set three on Plaintiff on 8/08/19. Defendant propounded RPDs, set four on Plaintiff on 8/27/19. To date, despite a meet and confer effort, Plaintiff has not served responses. Defendant therefore seeks an order compelling responses to the discovery, without objections, and imposing sanctions.

Defendant’s motions are granted. Plaintiff is ordered to serve verified responses to all of the outstanding discovery, without objections, within ten days. CCP §§2030.290(a),(b), 2031.300(a),(b).

Sanctions are mandatory. §§2030.290(c), 2031.300(c). Defendant seeks sanctions in the amount of $684.40/motion. The Declaration of Counsel filed with the motion renders the amount sought highly confusing. Counsel declares he spent 2.4 hours drafting the motion, 2 hours preparing a reply, and 3.1 hours appearing at the hearing, all at $200/hour. This would be a total of 7.5 hours, or $1500 in attorneys’ fees. The Court finds the requested $684.40/motion much more reasonable.

Sanctions are sought and imposed against Plaintiff and his attorney of record, jointly and severally; they are ordered to pay sanctions to Defendant, by and through its attorney of record, in the total amount of $1368.80, within twenty days. Defendant is ordered to give notice.

Parties who intend to submit on this tentative must send an email to the court at sscdept3@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.

Case Number: BC643397    Hearing Date: October 28, 2019    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Defendant, Medicina Familiar Medical Group propounded RFAs, set two on Plaintiff, Roberto Rubalcava on 7/23/19.  To date, despite a meet and confer effort, Plaintiff has not served responses.  Defendant therefore seeks an order deeming the RFAs admitted and imposing sanctions.

Defendant’s motion to deem RFAs admitted is granted.  CCP §2033.280(b).

Sanctions are mandatory.  §2033.280(c).  Defendant seeks sanctions in the amount of $684.40.  The Declaration of Counsel filed with the motion renders the amount sought highly confusing.  Counsel declares he spent 2.4 hours drafting the motion, 2 hours preparing a reply, and 3.1 hours appearing at the hearing, all at $200/hour.  This would be a total of 7.5 hours, or $1500 in attorneys’ fees.  The Court finds the requested $684.40 much more reasonable, and also notes that it is the amount in the notice of motion. 

Sanctions are sought and imposed against Plaintiff and his attorney of record, jointly and severally; they are ordered to pay sanctions to Defendant, by and through its attorney of record, in the total amount of $684.40, within twenty days.  Defendant is ordered to give notice.