Judge: Barbara M. Scheper, Case: 19VECV00796, Date: 2023-02-09 Tentative Ruling
Case Number: 19VECV00796 Hearing Date: February 9, 2023 Dept: 30
Calendar No.
Yaghoobia vs. BN
Family Trust, et. al., Case No. 19VECV00796
Tentative Ruling
re: Defendant’s Motion to Compel
Discovery Responses
Defendant Robert Gentino, Trustee
of BN Family Trust dated June 5, 2000 (Defendant) moves for an order compelling
Plaintiff Bijan Yaghoobia (Plaintiff) to respond to the Interrogatories to
Enforce June 8, 2022 Order (Set One) and for monetary sanctions in the amount
of $2,538.91. The motion is granted.
Pursuant to Code of Civil Procedure
section 708.030:
The judgment creditor may demand that
any judgment debtor produce and permit the party making the demand, or someone
acting on that party's behalf, to inspect and to copy a document that is in the
possession, custody, or control of the party on whom the demand is made in the
manner provided in Chapter 14 (commencing with Section 2031.010) of Title 4 of
Part 4, if the demand requests information to aid in enforcement of the
money judgment. The judgment debtor shall respond and comply with the demand in
the manner and within the time provided by Chapter 14 (commencing with Section 2031.010) of
Title 4 of Part 4.
“Inspection demands served pursuant to this section may be
enforced, to the extent practicable, in the same manner as interrogatories in a
civil action.” (Code Civ. Proc. § 708.030, subd. (c).)
On October 8, 2020, the Court
ordered monetary sanctions against Plaintiff and entered an Order of Dismissal based
on Plaintiff’s failure to assert his claims as compulsory crossclaims in the related
case, LASC Case No. BC706408.
On March 4, 2021, the Court granted
Defendant’s unopposed Motion to Compel Discovery and ordered Plaintiff to pay
sanctions in the amount of $1,276 to Defendant’s counsel within thirty days. Plaintiff
did not pay the sanctions, and Defendant subsequently propounded the Request to
Inspect Writings to Enforce Order dated 3/4/2021 (Set One) on Plaintiff on
March 31, 2021.
After Plaintiff failed to respond
to the discovery or pay the sanctions ordered, Defendant brought a motion to
compel the discovery and for monetary sanctions. The Court granted the motion on
June 8, 2022, and ordered Plaintiff to respond to the discovery and pay
sanctions of $1,368.91 to Defendant within thirty days. On July 20, 2022,
Defendant propounded on Plaintiff the Interrogatories To Enforce June 8, 2022
Order. (Gentino Decl. ¶ 3, Ex. A.) Defendant states that Plaintiff has again
failed to either respond to the discovery or pay the monetary sanctions.
(Gentino Decl. ¶¶ 3-4.)
Plaintiff states in his Opposition
that he has satisfied the amount due to Defendant, and as proof attaches an
Acknowledgment of Full Satisfaction of Judgment signed by Defendant. (Yaghoobia
Decl. ¶ 3, Ex. A.) This Acknowledgement shows satisfaction of the March 4, 2021
Order, not the June 8, 2022 Order that is the subject of this motion. Though,
Plaintiff also states that he has sent a cashier’s check to Defendant in the
amount of $1,368.91, as of the filing of his Opposition on January 27, 2023.
(Yaghoobia Decl. ¶ 4, Ex. B.) Plaintiff’s payment of the sanctions is untimely,
and Plaintiff has still failed to show that he has responded to the discovery
propounded. Accordingly, the motion to compel is granted.
Defendant seeks sanctions against
Plaintiff for attorney’s fees and costs incurred through this motion.
Misuses of the discovery process include
“failing to respond or submit to an authorized method of discovery,”
“disobeying a court order to provide discovery,” and “opposing, unsuccessfully
and without substantial justification, a motion to compel . . . discovery.”
(Code Civ. Proc. § 2023.010.) The Court finds that sanctions against Plaintiff
are warranted based on his failure to obey the June 8, 2022 Order, his failure
to respond to the discovery propounded, and his unsuccessful opposition to this
motion.
Defendant requests sanctions in the
amount of $2,538.91, at a rate of $650, for 1.8 hours to research and draft the
motion, 1 hour anticipated to review the opposition and draft a reply, and 1
hour to review the tentative ruling and attend the hearing, plus $68.91 for the
filing fee. (Gentino Decl. ¶ 5.) The requested sanctions are granted.