Judge: Alison Mackenzie, Case: 23STCV07896, Date: 2023-11-06 Tentative Ruling

Case Number: 23STCV07896    Hearing Date: March 22, 2024    Dept: 55

NATURE OF PROCEEDINGS:  Motion Of Judgment Creditor Mural Media, LLC 401k Plan to Compel Judgment Debtor Linda J. Maultsby’s Responses to Special Interrogatories, Set One, and Request for Sanctions; Motion to Compel Judgment Debtor Linda J. Maultsby’s Responses to Requests For Production, Set One, and Request For Sanctions.

In this case, Plaintiff/Judgment Debtor LINDA MAULTSBY (“Plaintiff”) seeks damages against MARCEL BRUETSCH, CAPITALBENEFIT, INC., MURAL MEDIA, LLC 401k PLAN, S.B.S. TRUST DEED NETWORK, PENSCO Trust Company LLC, Custodian FBO Sylla McClellan IRA: 080000001321, JAMES C. ELKINS, MELINDA J. ELKINS, ELKINS FAMILY REVOCABLE TRUST OF 2002, LAWRENCE C. HENIG, D.D.S., INC. (“Defendants”) who allegedly fraudulently induced Plaintiff into loan modification agreements regarding the loan on Plaintiff’s apartment property at 4757 S. Mansfield, Los Angeles, CA 90026.

Defendant/Judgment Creditor Mural Media, LLC 401k Plan (“Defendant Mural”) obtained an award of sanctions against Plaintiff, which the Court reduced to a judgment in November 2023. In connection with that judgment, Defendant Mural served discovery on Plaintiff. Defendant Mural now moves for an order compelling initial responses from Plaintiff, without objections, as to special interrogatories, set one, and requests for production, set one. Defendant Mural also requests sanctions ($2,040.00 for each motion) against Plaintiff and counsel. The motions are based on the ground that Plaintiff failed to serve any responses. No opposition has been filed as to the motions.

A motion to compel initial discovery responses need only show that discovery was properly served on the opposing party, the time to respond expired, and no response was served. Leach v. Sup. Ct. (1980) 111 Cal.App.3d 902, 905-06; Code Civ. Proc., §2030.290. Defendant Mural has demonstrated that it served Plaintiff with the document requests and interrogatories in October 2023, but Plaintiff has thus far failed to serve any responses. Nor has Plaintiff filed any opposition to the motions to compel.

The Court therefore grants the unopposed motions. Plaintiff shall serve verified responses, without objections, to the document requests and special interrogatories no later than 4/5/2024. There is no justification for Plaintiff’s failure to respond to discovery, let alone any substantial justification for doing so. Indeed, Plaintiff does not even oppose these motions. The Court therefore orders Plaintiff to pay $2,040.00 per motion, for a total of $4,080.00.