Judge: Cherol J. Nellon, Case: 24STCV16617, Date: 2025-04-28 Tentative Ruling

Case Number: 24STCV16617    Hearing Date: April 28, 2025    Dept: 14

Case Background

This is an action for breach of contract, and fraud. In 2023, Plaintiff contracted with Defendant Renaissance Construction Group, Inc. (Renaissance) for construction services. By January 2024, Renaissance had abandoned the project by failing to supply sufficient labor and materials for the project. Renaissance also failed to pay subcontractors on the project. The work Renaissance did do was defective.

On July 3, 2024, Plaintiff Main St. Towers, LLC (Main St.) filed its Complaint against Defendants Renaissance, Youssef Mikhail, and The Western Surety Company.

On September 5, 2024, Defendants Renaissance and Mikhail filed a Cross-Complaint against Main St.

On December 19, 2024, Plaintiff filed motions to compel responses to discovery from Defendants Mikhail and Renaissance.

On February 21, 2025, Plaintiff took a motion to deem requests for admissions propounded on Mikhail and Renaissance admitted off calendar. The only hearings remaining on calendar this date are the motions to compel responses to form interrogatories and requests for production.

Instant Pleading

Plaintiff moves to compel Mikhail and Renaissance’s responses to form interrogatories and requests for production.

Decision

Plaintiff’s motions to compel Mikhail and Renaissance’s responses to form interrogatories and requests for production are GRANTED.

Because the motions are simple and unopposed, the Court awards Plaintiff a reduced amount of sanctions of $1,711.65 for three hours of attorney time at a rate of $550 per hour and filing fees. Mikhail and Renaissance are ordered to serve responses to discovery and pay all sanctions to Plaintiff Main St. within 30 days of receiving notice of this order.

Plaintiff is ordered to pay the Court two additional filing fees for a total of $120.

Discussion

Plaintiff moves to compel Mikhail and Renaissance’s responses to form interrogatories and requests for production. The Court notes that Plaintiff improperly filed two motions directed at two Defendants each, concerning multiple sets of discovery. Plaintiff was required to file each motion separately against each Defendant and pay a separate filing fee for each motion. (Gov. Code, section 70617(f). Plaintiff must pay two additional filing fees to the Court.

Plaintiff’s counsel alleges that she served requests for written discovery on Renaissance and Mikhail on September 11, 2024. (Pugh Decl., ¶6.) Renaissance and Mikhail failed to respond to the discovery requests. (Id., ¶8.) Although the parties discussed the discovery responses, Plaintiff requested a stipulation that responses be provided without of objection. (Id., ¶¶9-10.) Renaissance and Mikhail did not respond to the request for a stipulation. (Id., ¶11.) Plaintiff’s counsel again requested the responses in October 2024. (Id., ¶12.) Defendants’ counsel responded, stating they required more time to complete discovery and refused to agree to Plaintiff’s proposed stipulation. (Id., ¶13.) As of the date this motion was filed, Renaissance and Mikhail have not responded to the requests for written discovery. (Id., ¶14.)

Plaintiff’s motions to compel Renaissance and Mikhail’s responses to form interrogatories and requests for production are GRANTED because Renaissance and Mikhail failed to serve timely responses to discovery. Additionally, the motion is unopposed. The lack of an opposition operates as a concession that the motion has merit. (See California Rules of Court Rule 3.1113(a); see also Rule 3.1320(f); Herzberg v. County of Plumas (2005) 133 Cal.App.4th 1, 20.)

Renaissance and Mikhail’s failure to serve timely responses constitutes sanctionable discovery abuse under Code Civ. Proc., section 2023.010(d). Because the motions are simple and unopposed, the Court awards Plaintiff a reduced amount of sanctions of $1,711.65 for three hours of attorney time at a rate of $550 per hour and filing fees.

Conclusion

Plaintiff’s motions to compel Mikhail and Renaissance’s responses to form interrogatories and requests for production are GRANTED.

Because the motions are simple and unopposed, the Court awards Plaintiff a reduced amount of sanctions of $1,711.65 for three hours of attorney time at a rate of $550 per hour and filing fees. Mikhail and Renaissance are ordered to serve responses to discovery and pay all sanctions to Plaintiff Main St. within 30 days of receiving notice of this order.

Plaintiff is ordered to pay the Court two additional filing fees for a total of $120 to be paid within 30 days of notice of the court’s order.