Judge Armen Tamzarian, Case Number: 22STCV18567, Date: 2023-08-16 Tentative Ruling

Judge: Armen Tamzarian, Case: 22STCV18567, Date: 2023-08-16 Tentative Ruling

Please notify Department 52 via email at smcdept52@lacourt.org and indicate that the parties are submitting on the tentative ruling. Please provide the attorney's name and represented party. Please notify the opposing side via email if submitting on the Court's tentative ruling.

Case Number: 22STCV18567 Hearing Date: February 23, 2024 Dept: 52

Plaintiff David Abbasi’s Motions: (1) For Sanctions Regarding Special Interrogatories, (2) For Sanctions Regarding Requests for Production, and (3) To Deem Matters Admitted

Plaintiff David Abbasi moves for terminating and other sanctions against defendant/cross-complainant Jerry Davidson and for an order deeming the truth of matters admitted. Disobeying an order compelling further responses to interrogatories or requests for production is grounds for sanctions up to and including termination. (CCP § 2030.300(e) [interrogatories]; § 2031.310(i) [requests for production].) Disobeying an order compelling further responses to requests for admission is grounds for monetary sanctions and an order deeming the matters admitted. (§ 2033.290(e).)

Jerry Davidson disobeyed orders compelling further responses to special interrogatories, requests for production, and requests for admission. On July 25, 2023, the court ordered Jerry Davidson to serve further responses to special interrogatories, requests for production, and requests for admission within 30 days. The court also ordered Jerry Davidson to pay monetary sanctions within 30 days. Jerry Davidson concedes he did not comply with those orders within 30 days. (P. Davidson Decl., ¶ 4.)

Jerry Davidson opposes these motions on the basis that he served supplemental responses to the special interrogatories, requests for production, and requests for admission on September 19, 2023. (P. Davidson Decl., ¶ 4.) That was more than 30 days after July 25, 2023. Even if Jerry Davidson did serve the responses then, he disobeyed the court’s orders.

Jerry Davidson fails to show he served his supplemental responses when he claims. In his declaration, Perrin Davidson—who is both a defendant and the attorney for Jerry Davidson—states, “Per the Court’s July 25, 2023 Order, on September 19, 2023, 1 served my client’s verified amended responses to Plaintiff's document production, special interrogatories, and requests for admission.” (P. Davidson Decl., ¶ 4, Ex. 2.) Perrin Davidson fails to show valid service of those responses for two reasons.

First, the proofs of service attest to service by mail, which cannot be done by a party. “Proof of service by mail may be made by one of” four methods, all of which require stating that “the person making the service” is “not a party to the cause.” (CCP § 1013a(1)-(4).) The proofs of service state, “I, the undersigned, declare that I am a resident of the county aforesaid; I am over the age of eighteen years and not a party to the within entitled action.” (Ex. 2, proofs of service, italics added.) Perrin Davidson, who states he “served [his] client’s verified amended responses” (P. Davidson Decl., ¶ 4), is a party to this action. He therefore cannot serve any papers by mail.

Second, the proofs of service are not signed and do not state any date of execution. They have a blank line, followed by “I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. [¶] Executed on at Los Angeles, California.” (P. Davidson Decl., Ex. 2, proofs of service.) They also do not include the printed name of the person who purportedly served them.

The court also notes that the proofs of service attached to Jerry Davidson’s oppositions similarly do not state who served them and are not signed.

Though Jerry Davidson did not prove he served these responses when he claims, the court will exercise its discretion only to impose further monetary sanctions. Discovery sanctions should be imposed incrementally, “starting with monetary sanctions and ending with the ultimate sanction of termination.” (Lopez v. Watchtower Bible & Tract Society of New York, Inc. (2016) 246 Cal.App.4th 566, 604.) Appropriate sanctions are those “such as are suitable and necessary to enable the party seeking discovery to obtain the objects of the discovery he seeks, but [not] which are designed not to accomplish the objects of discovery but to impose punishment.” (Laguna Auto Body v. Farmers Ins. Exchange (1991) 231 Cal.App.3d 481, 488.)

Even if Jerry Davidson never properly served his supplemental discovery responses, plaintiff’s reply briefs acknowledge ultimately receiving copies of the responses. Plaintiff thus accomplished the objects of his discovery, though belatedly. At this point, imposing terminating, issue, or evidence sanctions, or ordering the matters specified in requests for admission deemed admitted, would cross the line from accomplishing discovery to punishing Jerry Davidson. The court therefore will only impose further monetary sanctions against Jerry Davidson and his counsel, Perrin Davidson.

Disposition

Plaintiff David Abbasi’s motion for sanctions regarding special interrogatories is granted in part as to monetary sanctions. Jerry Davidson and his counsel Perrin Davidson are ordered to pay plaintiff $3,910 in sanctions within 15 days. Jerry Davidson and his counsel Perrin Davidson are jointly and severally liable for the sanctions.

Plaintiff David Abbasi’s motion for sanctions regarding requests for production is granted in part as to monetary sanctions. Jerry Davidson and his counsel Perrin Davidson are ordered to pay plaintiff $3,560 in sanctions within 15 days. Jerry Davidson and his counsel Perrin Davidson are jointly and severally liable for the sanctions.

Plaintiff David Abbasi’s motion for an order deeming matters admitted is granted in part as to monetary sanctions. Jerry Davidson and his counsel Perrin Davidson are ordered to pay plaintiff $3,210 in sanctions within 15 days. Jerry Davidson and his counsel Perrin Davidson are jointly and severally liable for the sanctions.