Judge: Cherol J. Nellon, Case: 23STCV01258, Date: 2025-04-08 Tentative Ruling

Case Number: 23STCV01258    Hearing Date: April 8, 2025    Dept: 14

#6

Case Background

Plaintiff alleges that Defendants induced them to purchase real property based on the promise that Defendants would subsequently purchase it from them. Plaintiffs purchased the property, but Defendants failed to hold up their end of the deal.

On August 15, 2023, Plaintiff filed its First Amended Complaint for (1) Intentional Misrepresentation, (2) Fraudulent Concealment, (3) Negligent Misrepresentation, (4) Breach of Contract, (5) Breach of the Implied Covenant, (6) Indemnity, and (7) Unfair Competition against S3D Partners, LLC (“S3D”), Jayesh Kumar (“Jayesh”), Vimal Patel (“Patel”), Govind Kumar (“Govind”), Madhuben Kumar (“Madhuben”), Ketan Kumar (“Ketan”), and DOES 1-25.

The first, second, and third causes of action are asserted against Defendants S3D, Jayesh, and Patel, only.

On September 14, 2023, Defendants S3D, Jayesh, Patel, Madhuben, and Ketan filed their joint Answer.

On January 31, 2025, Plaintiff filed motions to compel responses to requests for production from Defendants Madhuben and Ketan Kumar.

Instant Pleading

Plaintiff moves to compel responses to its requests for production from Defendants Madhuben and Ketan Kumar (Kumar Defendants).

Decision

Plaintiff’s motions to compel discovery are GRANTED. Because the motions were largely identical, the Court awards Plaintiff $2,057 in sanctions for one hour of attorney time at a rate of $593 per hour, 2 hours of attorney time at a rate of $672 per hour, and two filing fees. Defendants Madhuben and Ketan Kumar are ordered to pay sanctions and serve requests for production on Plaintiff KBS Holdco, LLC within 30 days of receiving notice of this order.

Discussion

Plaintiff moves to compel responses to its requests for production from the Kumar Defendants. Plaintiff’s Counsel testifies that on March 4, 2024, he served requests for production on the Kumar Defendants at the addresses given on the order relieving their prior counsel. (Rosenfeld Decl., ¶7.) As of the filing of these motions, the Kumar Defendants have not served responses. (Id., ¶8.) Because the Kumar Defendants failed to serve responses to Plaintiff’s discovery requests, the motions to compel their responses is GRANTED.

The Kumar Defendants’ failure to serve timely responses constitutes sanctionable discovery abuse under Code Civ. Proc., section 2023.010, subd. (d). Because the motions were largely identical, the Court awards a reduced amount of sanctions. The Court awards Plaintiff $2,057 in sanctions for one hour of attorney time at a rate of $593 per hour, 2 hours of attorney time at a rate of $672 per hour, and two filing fees.

Conclusion

Plaintiff’s motions to compel discovery are GRANTED. Because the motions were largely identical, the Court awards Plaintiff $2,057 in sanctions for one hour of attorney time at a rate of $593 per hour, 2 hours of attorney time at a rate of $672 per hour, and two filing fees. Defendants Madhuben and Ketan Kumar are ordered to pay sanctions and serve requests for production on Plaintiff KBS Holdco, LLC within 30 days of receiving notice of this order.