Judge: Colin Leis, Case: 19STCV36034, Date: 2023-02-15 Tentative Ruling

Case Number: 19STCV36034    Hearing Date: February 15, 2023    Dept: 74

Superior Court of California

County of Los Angeles – CENTRAL District

Department 74

MOVING PARTIES:             Plaintiff Elizabeth Jiyoun Lee

RESPONDING PARTY:        N/A

(1)   Plaintiff Elizabeth Jiyoun Lee’s Motion to Compel Defendant Stovall Housing Corp.’s Responses to Requests for Production, Set One, and Request for Monetary Sanctions

(2)   Plaintiff Elizabeth Jiyoun Lee’s Motion to Deem the Truth of Matters in Request for Admissions, Set One, Admitted by Defendant HSDI Management, Inc., and Request for Monetary Sanctions

(3)   Plaintiff Elizabeth Jiyoun Lee’s Motion to Deem the Truth of Matters in Request for Admissions, Set One, Admitted by Defendant Stovall Housing Corp., and Request for Monetary Sanctions

The court considered the moving papers filed in connection with these motions. No opposition to any of the motions was filed. 

BACKGROUND

            On October 8, 2019, Plaintiff Seung Il Lee filed this action against Defendants Stovall Housing Corp. dba Stovall Terrace Apartments (“Stovall”) and HDSI Management, Inc. (“HDSI”) arising out of allegations that Defendants’ failure to repair gutters and downspouts caused Plaintiff’s residence to contain high levels of toxic mold.

On March 8, 2021, Plaintiffs Elizabeth Jiyoun Lee and Seung Il Lee filed a complaint in Los Angeles Superior Court Case 21STCV08835 Lee v. Stovall Housing Corp. against Defendants Stovall and HDSI. Plaintiffs filed their First Amended Complaint in that action on March 29, 2021.

On September 23, 2021, the Court issued an order relating this case to 21STCV08835 Lee v. Stovall Housing Corp. On November 10, 2021, the Court granted Defendants’ motion to consolidate the two actions. On December 16, 2021, Plaintiff Seung Il Lee filed a request for dismissal as to their claims asserted in 21STCV08835 only.

            On March 28, 2022 and March 29, 2022, Plaintiff Elizabeth Jiyoun Lee filed the instant motions to compel Stovall’s responses to Requests for Production, Set One; to deem the truth of matters in Request for Admissions, Set One, admitted by Defendant HSDI; and, to deem the truth of matters in Request for Admissions, Set One, admitted by Defendant Stovall. The motions are unopposed. (Code Civ. Proc. § 1005(b).)

LEGAL STANDARD

Per Code of Civil Procedure section 2031.300, where there has been no timely response to a demand for the production of documents, the demanding party may seek an order compelling a response.¿

¿¿If a party to whom requests for admission are directed fails to serve a timely response, the requesting party may move for an order that the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction. (Code Civ. Proc., § 2033.280, subd. (b).) Further, the Court¿shall¿make this order, “unless it finds that the party to whom the requests for admission have been directed has served, before the hearing¿on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220.” (Code Civ. Proc., § 2033.280, subd. (c).)  

If the court finds that a party has unsuccessfully made or opposed a motion to compel responses, the court “shall impose a monetary sanction . . . unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.” (Code Civ. Proc., §§ 2033.280, subd. (c), 2031.300, subd. (c).)¿ 

DISCUSSION

            On October 19, 2021, Plaintiff Elizabeth Jiyoun Lee served Request for Production, Set One, upon Defendant Stovall via electronic mail. (Poster Decl. ¶ 2, Ex. 1.) Also on October 19 2021, Plaintiff served Request for Admissions, Set One, on HDSI and Stovall. (Both Poster Decl. ¶ 2, Ex. 1.) Plaintiff provided an extension of the time to respond, but Defendants failed to provide responses to any of the discovery requests and had not provided responses as of the filing of the motion. (All Poster Decl. ¶¶ 3-4, Ex. 2.) Defendant Stovall has therefore waived all objections to Request for Production, Set One, and both Defendants waived objections to Requests for Admission, Set One. (Code Civ. Proc. §§ 2031.300, 2033.280.)

            Accordingly, the court grants Plaintiffs’ motion to compel Stovall’s responses to Requests for Production, Set One. Defendant Stovall is ordered to provide complete, verified, code compliant responses to Request for Production Set One, without objections within 20 days. Additionally, the matters in Plaintiff’s Request for Admissions, Set One, are deemed admitted by Defendant HSDI and Defendant Stovall.

            Plaintiff seeks monetary sanctions in the amount of $1,260.00 for the motion to compel Defendant Stovall’s responses to the Request for Production, Set One. This amount consists of three hours of attorney time in preparing the motion and attending the hearing at $400/hour, plus a $60.00 filing fee. (Poster Decl. ¶ 5-6.)

            Plaintiff seeks monetary sanctions in the amount of $1,060.00 for the motion to deem admitted the matters in Requests for Admission, Set One against Defendant Stovall. This amount consists of two and a half hours of attorney time in preparing the motion and attending the hearing at $400/hour, plus a $60.00 filing fee. (Poster Decl. ¶ 5-6.)

Plaintiff seeks monetary sanctions in the amount of $1,260.00 for the motion to deem admitted the matters in Requests for Admission, Set One against Defendant HDSI.  This amount consists of three hours of attorney time in preparing the motion and attending the hearing at $400/hour, plus a $60.00 filing fee. (Poster Decl. ¶ 5-6.)

As the court finds that the motions are not meaningfully different from the motions heard on November 15, 17, and 29^th, the court awards one-and-a-half hours for preparation of each motion. Additionally, because these motions are to be heard at one hearing, the Court awards 0.3 hours for the hearing. The court additionally awards the $60 filing fees. 

Based on the foregoing, Plaintiffs’ motion to compel Stovall Housing Corp.’s responses to Requests for Production, Set One is GRANTED. Defendant Stovall is ordered to provide complete, verified, code compliant responses to Request for Production Set One, without objections within 20 days. Plaintiff’s motion for sanctions is granted in part. The court imposes sanctions in the amount of $780.00 pursuant to Code of Civil Procedure 2031.300, subd. (c).

The matters in Plaintiff’s Request for Admissions, Set One, are deemed admitted by Defendant Stovall Housing Corp. The court imposes sanctions in the amount of $780.00 pursuant to Code of Civil Procedure 2033.280, subd. (c). 

The matters in Plaintiff’s Request for Admissions, Set One, are deemed admitted by Defendant HDSI Management Inc. The court imposes sanctions in the amount of $780.00 pursuant to Code of Civil Procedure 2033.280, subd. (c).

Plaintiff is ordered to give notice of this ruling.

IT IS SO ORDERED.

DATED:  February 15, 2023

_____________________________

Colin Leis

Judge of the Superior Court