MARIA MADRIGAL VS ARCHDIOCESE OF LOS ANGELES, ET AL.

Tentative Rulings

Case Number: *******2148 Hearing Date: July 30, 2021 Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff, Maria Madrigal (“Plaintiff”) filed this action against Defendants, St. Aloysius Gonzaga Catholic Church and the Roman Catholic Archbishop of Los Angeles erroneously sued herein as Archdiocese of Los Angeles, (collectively, “Defendants”). On June 1, 2021, Plaintiff filed an Amendment to Complaint naming California Professional Engineering, Inc. as Doe 1.

On April 1, 2021, Defendants filed the instant application for order determining the good faith of settlement with Plaintiff. At the May 24, 2021 Final Status Conference, the court set a hearing on Defendants’ motion for determination of good faith settlement for July 30, 2021, and ordered Defendants to give notice. (Min. Order, May 24, 2021.) Defendants filed Notice of the Ruling with proof of service on May 25, 2021.

Plaintiff and Defendants have agreed to settle the claims against Defendants for $2,884.95. Defendants move for an order finding the settlement in good faith. No party has filed an opposition to the motion. The burden on a motion for determination of good faith settlement rests squarely on the party opposing the finding of good faith. (CCP ;877.6(d).) In light of the lack of opposition, no party has met that burden.

The motion for determination of good faith settlement is therefore granted.

Moving Defendants are ordered to give notice.

Parties who intend to submit on this tentative must send an email to the court at sscdept31@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. If the parties do not submit on the tentative, they should arrange to appear remotely.

Dated this 30^th day of July, 2021

Case Number: *******2148    Hearing Date: September 16, 2020    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Defendants, St. Aloysius Gonzaga Catholic Church and The Roman Catholic Archbishop of Los Angeles propounded form interrogatories, set one, special interrogatories, set one, and RPDs, set one, on Plaintiff on 1/3/20. To date, despite an extension and attempts to meet and confer, Plaintiff has not served responses. Defendants, therefore, seek an order compelling Plaintiff to respond, without objections, to the outstanding discovery and to pay sanctions.

Defendants’ motions are granted. Plaintiff is ordered to serve verified responses to form interrogatories, set one, special interrogatories, set one, and RPDs, set one, without objections, within ten days. (CCP ;;2030.290(a),(b), 2031.300(a),(b).)

Sanctions are mandatory. ;;2030.290(c), 2031.300(c). Defendants seek sanctions in varying amounts in connection with each motion. The court awards one hour to prepare each form discovery motion. No oppositions were filed and therefore no replies were necessary. The court awards the requested one hour to appear at the hearing, but only awards the time once. Thus, the court awards a total of six hours of attorney time at the rate of $200 per hour, or $1,200 in attorneys’ fees. The court also awards three filing fees of $61.65 each, or $184.95 in costs.

Sanctions are sought and imposed against Plaintiff and her attorney of record, jointly and severally; they are ordered to pay sanctions to Defendants, by and through their counsel of record, in the total amount of $1,384.95, within twenty days.

Defendants are ordered to give notice.

Parties who intend to submit on this tentative must send an email to the court at sscdept31@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. If the parties do not submit on the tentative, they should arrange to appear remotely.

Dated this 16^th day of September, 2020