Judge: Armen Tamzarian, Case: 21STCV20085, Date: 2023-04-11 Tentative Ruling

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Case Number: 21STCV20085    Hearing Date: April 11, 2023    Dept: 52

Tentative Ruling:

Cross-Defendant Ming Kang’s Motions to Compel Responses to Request for Production of Documents and to Interrogatories

Cross-Defendant Ming Kang moves to compel cross-complainant Fan Shi to respond to request for production, set one; special interrogatories, set one; form interrogatories – general, set one; and form interrogatories – employment law, set one.

Order Compelling Responses

When a party fails to timely respond to interrogatories or demands for inspection, the requesting party may move for an order compelling responses.  (CCP §§ 2030.290(b) [interrogatories]; 2031.300(b) [demands for inspection].)  Failure to timely respond waives any objections.  (CCP §§ 2030.290(a); 2031.300(a).)  “Unsworn responses are tantamount to no responses at all.”  (Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 636.)

Kang served the request for production of documents, special interrogatories, form interrogatories – general, and form interrogatories – employment law, set one, on  September 30, 2022.  (Benson Decls., ¶ 3.)  Shi initially served unsworn responses.  (Id., ¶ 4.)  After meeting and conferring, Shi’s counsel agreed to serve verified responses by February 13, 2023.  (Id., ¶¶ 8, 9, Exs. F, H.)  Shi had not served verified responses as of March 8, when Kang’s counsel executed her declarations in support of these motions.  (Id., ¶¶ 9, 10.)  Kang is therefore entitled to an order compelling Shi to serve verified responses without objections to these discovery requests.

Sanctions

Kang moves for $1,985 in sanctions in the motion to compel responses to request for production and $2,260 in the motion to compel responses to interrogatories.  Failing to respond to an authorized method of discovery is a misuse of the discovery process subject to monetary sanctions.  (CCP § 2023.010(d).)  Cross-complainant Fan Shi did not respond to authorized discovery.  The court finds Shi did not act with substantial justification and sanctions are just under the circumstances. 

Kang did not, however, reasonably incur all claimed expenses.  The amounts claimed include two hours at $275 hourly on each motion for “reviewing and replying to Shi’s opposition.”  (Benson Decls., ¶¶ 10, 11.)  Shi did not oppose these motions, and Kang did not file any reply.  Kang therefore reasonably incurred $1,435 in expenses for the motion to compel responses to request for production of documents and $1,710 for the motion to compel responses to interrogatories.

Disposition

Cross-complainant Ming Kang’s motion to compel cross-complainant Fan Shi to respond to request for production of documents, set one is granted. 

Cross-complainant Fan Shi is ordered to serve verified responses to request for production of documents, set one, without objections within 20 days.  Cross-complainant Fan Shi and Fan Shi’s counsel Ronald E. Norman of Demidchik Law Firm are ordered to pay cross-defendant Ming Kang $1,435 in sanctions within 20 days.  Cross-complainant Fan Shi and counsel Ronald E. Norman shall be jointly and severally liable for the sanctions.

Cross-complainant Ming Kang’s motion to compel cross-complainant Fan Shi to respond to interrogatories is granted. 

Cross-complainant Fan Shi is ordered to serve verified responses to special interrogatories, set one, form interrogatories – general, set one, and form interrogatories – employment law, set one, without objections within 20 days.  Cross-complainant Fan Shi and Fan Shi’s counsel Ronald E. Norman of Demidchik Law Firm are ordered to pay cross-defendant Ming Kang $1,710 in sanctions within 20 days.  Cross-complainant Fan Shi and counsel Ronald E. Norman shall be jointly and severally liable for the sanctions.