Judge: Armen Tamzarian, Case: 20STCV13190, Date: 2025-01-28 Tentative Ruling

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Case Number: 20STCV13190    Hearing Date: January 28, 2025    Dept: 52

Tentative Ruling:   

Plaintiff /Judgment Creditor American Honda Finance Corporation’s Motions to Compel Judgment Debtors Hooman Nissani and Babak Sarraf to Answer Post Judgment Interrogatories

Plaintiff/judgment creditor American Honda Finance Corporation moves to compel defendants/judgment debtors Hooman Nissani and Babak Sarraf each to respond to post-judgment interrogatories. 

A judgment creditor may propound interrogatories to a judgment debtor pursuant to the Civil Discovery Act.  (CCP § 708.020.)  When a party fails to serve a timely response to interrogatories, the requesting party may move for an order compelling responses.  (CCP § 2030.290(b).)  The responding party also waives any objections.  (Id., subd. (a).)

Judgment debtor Nissani failed to serve timely responses to judgment creditor’s post-judgment interrogatories.  Judgment creditor served its first set of post-judgment interrogatories on Nissani by email on August 23, 2024.  (Sheldon Decl., ¶ 2, Ex. A.)  Nissani had not served any responses as of November 26, 2024, when judgment creditor filed this motion.  (Id., ¶ 7, Ex. B.)

Judgment debtor Sarraf also failed to serve timely responses to judgment creditor’s post-judgment interrogatories.  Judgment creditor served its first set of post-judgment interrogatories on Sarraf by email on August 23, 2024.  (Sheldon Decl., ¶ 2, Ex. A.)  Sarraf had not served any responses as of November 26, 2024, when judgment creditor filed this motion.  (Id., ¶ 7, Ex. B.)

Sanctions

In each motion, judgment creditor moves for $1,100 against each judgment debtor.  Failing to respond to an authorized method of discovery is a misuse of the discovery process subject to monetary sanctions.  (CCP § 2023.010(d).)  Nissani and Sarraf did not respond to authorized discovery.  They did not act with substantial justification.  Sanctions are just under the circumstances.  Judgment creditor reasonably incurred all expenses it claims.   

Disposition

Judgment creditor American Honda Finance Corporation’s motion to compel judgment debtor Hooman Nissan to respond to post-judgment interrogatories is granted.  Judgment debtor Hooman Nissan is ordered to serve verified responses without objections to judgment creditor’s first set of post-judgment interrogatories within 30 days.  Hooman Nissan is ordered to pay judgment creditor $1,100 in sanctions within 30 days.

Judgment creditor American Honda Finance Corporation’s motion to compel judgment debtor Babak Sarraf to respond to post-judgment interrogatories is granted.  Judgment debtor Babak Sarraf is ordered to serve verified responses without objections to judgment creditor’s first set of post-judgment interrogatories within 30 days.  Babak Sarraf is ordered to pay judgment creditor $1,100 in sanctions within 30 days.