Judge: Christopher K. Lui, Case: 21STCV47105, Date: 2023-08-09 Tentative Ruling

Case Number: 21STCV47105    Hearing Date: August 9, 2023    Dept: 76

Pursuant to California Rule of Court 3.1308(a)(1), the Court does not desire oral argument on the motion addressed herein.  Counsel must contact the staff in Department 76 to inform the Court whether they wish to submit on the tentative, or to argue the matter.  As required by Rule 3.1308(a)(2), any party seeking oral argument must notify ALL OTHER PARTIES and the staff of Department 76 of their intent to appear and argue.

Notice to Department 76 may be sent by email to smcdept76@lacourt.org or telephonically at 213-830-0776.

Per Rule of Court 3.1308, if notice of intention to appear is not given, the Court may adopt the tentative ruling as the final ruling.

Judgment Creditor D & D Monroe Properties, LLC’s motion for sanctions against Defendant/Judgment Creditor Gerardo Bernal is GRANTED in the reduced amount of $1,185. Defendant/Judgment Creditor Gerardo Bernal is ordered to pay sanctions to Plaintiff/Judgment Creditor’s counsel within 20 days.

ANALYSIS

Motion For Sanctions

Request For Judicial Notice

            Plaintiff/Judgment Debtor’s request that the Court take judicial notice of the Court’s January 3, 2023 and January 5, 2023 discovery orders is GRANTED per Evid. Code, § 452(d)(court records).

Discussion

Judgment Creditor D & D Monroe Properties, LLC moves for sanctions against Defendant/Judgment Debtor Gerardo Bernal for failing to obey this Court’s January 3 and January 5, 2023 orders compelling responses to judgment creditor’s post-judgment special interrogatories and post-judgment request for production of documents, set one.

In order to determine a debtor's assets, a judgment creditor may propound written interrogatories and/or demand the production of documents in the manner provided by the general discovery statutes, and the judgment debtor's response must likewise follow the same discovery provisions. (§§ 708.020, 708.030.) By propounding interrogatories and demanding the production of documents, a creditor may obtain needed information by  [*581]  relatively simple and inexpensive means.

(Lee v. Swansboro Country Property Owners Assn. (2007) 151 Cal.App.4th 575, 580-81.)

“Interrogatories served pursuant to this section may be enforced, to the extent practicable, in the same manner as interrogatories in a civil action.” (Civ. Proc. Code § 708.020(c).)  “Inspection demands served pursuant to this section may be enforced to the extent practicable, in the same manner as inspection demands in a civil action.” (Civ. Proc. Code § 708.030(c).) 

As to a motion to compel responses to interrogatories:

If a party then fails to obey an order compelling answers, the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction under Chapter 7 (commencing with Section 2023.010). In lieu of or in addition to that sanction, the court may impose a monetary sanction under Chapter 7 (commencing with Section 2023.010). 

     (Civ. Proc. Code § 2030.290(c).) 

            As to a motion to compel responses to requests for production of documents:

If a party then fails to obey the order compelling a response, the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction under Chapter 7 (commencing with Section 2023.010). In lieu of or in addition to this sanction, the court may impose a monetary sanction under Chapter 7 (commencing with Section 2023.010).

     (Civ. Proc. Code § 2031.300(c).)

Here, as of the date of the filing of the motion, Plaintiff/Judgment Creditor had not received any responses to special interrogatories, nor responses to requests for production of documents, from Defendant/Judgment Debtor  Gerardo Bernal. (See Declaration of Michael A. Abramson, ¶¶ 7, 8.)

The motion for sanctions against Defendant/Judgment Creditor Gerardo Bernal is GRANTED in the reduced amount of $1,185 (1.5 hours at $750/hour plus $60 filing fee—see Abramson Decl., ¶¶ 10, 11.) Defendant/Judgment Creditor Gerardo Bernal is ordered to pay sanctions to Plaintiff/Judgment Creditor’s counsel within 20 days.