Judge: Cherol J. Nellon, Case: 24STCV01258, Date: 2025-04-22 Tentative Ruling
Case Number: 24STCV01258 Hearing Date: April 22, 2025 Dept: 14
#7
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 a 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 Defendant Madhuben Kumar.
Decision
Plaintiff’s motion to compel discovery is GRANTED.
Because the motion was simple, the Court awards Plaintiff $1,325 in sanctions
for one hour of attorney time at a rate of $593 per hour, 1 hour of attorney
time at a rate of $672 per hour, and 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
The Court notes that on April 8, 2025, the Court
granted a motion to compel discovery as to Defendant Ketan Kumar. However, the
motion as to Ketan Kumar was taken off calendar. The motion on calendar for
that date was a motion directed at Madhuben Kumar. The Court’s April 8, 2025
order is stricken and the motion to compel Ketan Kumar’s responses to requests
for production is continued to this date.
Plaintiff moves to compel responses to its requests for
production from the Defendants Madhuben and Ketan Kumar. Plaintiff’s Counsel
testifies that on March 4, 2024, he served requests for production on Madhuben
and Ketan at the addresses given on the order relieving their prior counsel.
(Rosenfeld Decl., ¶7.) As of the filing of this motion, Madhuben and Ketan have
not served responses. (Id., ¶8.) Because Madhuben and Ketan failed to
serve responses to Plaintiff’s discovery requests, the motions to compel their
responses are GRANTED.
Madhuben and Ketan Kumar’s failure to serve timely
responses constitutes sanctionable discovery abuse under Code Civ. Proc., section 2023.010,
subd. (d). Because the motions were simple and largely identical, the
Court awards a reduced amount of sanctions. The Court awards Plaintiff $1,325
total in sanctions for one hour of attorney time at a rate of $593 per hour, 1
hour of attorney time at a rate of $672 per hour, and filing fees
Conclusion
Plaintiff’s motion to compel discovery is GRANTED.
Because the motion was simple, the Court awards Plaintiff $1,325 in sanctions
for one hour of attorney time at a rate of $593 per hour, 1 hour of attorney
time at a rate of $672 per hour, and 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.