Judge: Armen Tamzarian, Case: 23STCP03806, Date: 2025-01-16 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: 23STCP03806    Hearing Date: January 16, 2025    Dept: 52

Plaintiff Steve Yoonsoo Kim’s Motions to Compel Responses to Form Interrogatories and Special Interrogatories for Order Recognizing Foreign Judgment   

Plaintiff Steve Yoonsoo Kim moves to compel defendant Chris Au to respond to form interrogatories – general, set one, and to special interrogatories, set one.  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).)

Defendant failed to serve timely responses to these discovery requests.  Plaintiff served form interrogatories – general, set one, and special interrogatories, set one, on defendant by email on September 17, 2024.  (Vakili Decls., ¶¶ 2-3, Ex. 1.)  Defendant had not served responses as of November 8, 2024, when plaintiff filed both motions to compel responses.  (Id., ¶ 4.)  Plaintiff is therefore entitled to an order compelling defendant to serve verified responses without objections to these discovery requests.

Sanctions

In each motion, plaintiff moves for $2,535 in sanctions against defendant.  Failing to respond to an authorized method of discovery is a misuse of the discovery process subject to monetary sanctions.  (CCP § 2023.010(d).)  Defendant did not respond to authorized discovery.  He did not act with substantial justification.  Sanctions are just under the circumstances. 

Plaintiff did not, however, reasonably incur all claimed expenses for the motions.  Each sanction request includes an anticipated 3.7 hours at $450 hourly to review the opposition, draft the reply brief, and prepare for and attending the hearing.  (Vakili Decls., ¶ 6.)  Defendant did not file any opposition.  Plaintiff did not file any reply.  The court will therefore reduce each monetary sanction by $1,215, representing 2.7 hours of attorney fees.  The court will impose $1,320 in sanctions for each motion.   

Disposition

Plaintiff Steve Yoonsoo Kim’s motion to compel responses to form interrogatories is granted.  Defendant Chris Au is ordered to serve verified responses without objections to form interrogatories – general, set one, within 30 days.  Defendant is ordered to pay plaintiff $1,320 in sanctions within 30 days.

Plaintiff Steve Yoonsoo Kim’s motion to compel responses to special interrogatories is granted.  Defendant Chris Au is ordered to serve verified responses without objections to special interrogatories, set one, within 30 days.  Defendant is ordered to pay plaintiff $1,320 in sanctions within 30 days.