Judge: Curtis A. Kin, Case: 21STCV01400, Date: 2022-09-27 Tentative Ruling

Case Number: 21STCV01400    Hearing Date: September 27, 2022    Dept: 72

MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES-GENERAL, SET ONE FROM:

(1) DEFENDANT CRAIG CHISVIN AND (2) DEFENDANT BRENT PAYSINGER

MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR ADMISSION, SET ONE FROM: (1) DEFENDANT CRAIG CHISVIN AND (2) DEFENDANT BRENT PAYSINGER

Date:               9/27/22 (8:30 AM)                                                

Case:               Global Financial Partners, Inc. v. Brent Paysigner et al. (21STCV01400)

TENTATIVE RULING:

Plaintiff Global Financial Partners, Inc.’s Motion to Compel Responses to Form Interrogatories-General, Set One from Defendant Craig Chisvin is GRANTED.

Plaintiff Global Financial Partners, Inc.’s Motion to Compel Responses to Form Interrogatories-General, Set One from Defendant Brent Paysinger is GRANTED.

Plaintiff Global Financial Partners, Inc.’s Motion to Compel Further Responses to Requests for Admission, Set One from Defendant Craig Chisvin is GRANTED.

Plaintiff Global Financial Partners, Inc.’s Motion to Compel Further Responses to Requests for Admission, Set One from Defendant Brent Paysinger is GRANTED.

I.                   MOTIONS TO COMPEL RESPONSES TO FORM INTERROGATORIES-GENERAL, SET ONE FROM (1) DEFENDANT CRAIG CHISVIN AND (2) DEFENDANT BRENT PAYSINGER

On February 17, 2022, plaintiff Global Financial Partners, Inc. served the first sets of Form Interrogatories-General on defendants Craig Chisvin and Brent Paysinger by overnight delivery. (Evans Decls. ¶¶ 2 & Exs. 1.) The deadline to serve responses to the discovery was March 22, 2022. (CCP §§ 2030.260(a) [responses to be served 30 days after service); 1013(c) [two court days added for express mail].) Despite meeting and conferring with defendants, no responses have been served. (Evans Decls. ¶¶ 3, 5.) Accordingly, all objections are waived. (CCP § 2030.290(a).)

The motions are GRANTED. Within 15 days hereof, defendants Craig Chisvin and Brent Paysinger are ordered to serve written verified responses, without objection, to their respective Form Interrogatories-General, Set One, Nos. 1.1, 2.1, 2.3, 2.5-2.12, 4.1, 4.2, 8.1-8.8, 9.1, 9.2, 10.1, 10.2, 12.1-12.4, 12.6, 14.1, 14.2, 15.1, 17.1, propounded by plaintiff Global Financial Partners, Inc.

For failing to comply with discovery obligations and thereby forcing plaintiff to file these two motions, the Court imposes a total of $375 in monetary sanctions on defendant Craig Chisvin and $375 in monetary sanctions on Brent Paysinger. For each motion, the monetary sanctions are based on 0.5 hours of work preparing the motion (instead of the 1.9 hours claimed); 0.1 hours meeting and conferring with opposing counsel to obtain verified responses (instead of the 0.2 hours claimed); and 0.1 hours attending the hearing (instead of the 2.5 hours claimed for reviewing the opposition, preparing a reply, and attending the hearing), all at an hourly rate of $450, plus $60.00 in filing fees.

Monetary sanctions shall be paid to plaintiff Global Financial Partners, Inc.’s counsel of record within 30 days hereof.

II.                MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR ADMISSION, SET ONE FROM (1) DEFENDANT CRAIG CHISVIN AND (2) DEFENDANT BRENT PAYSINGER

Plaintiff moves to compel further responses to Requests for Admission, Set One from defendants Craig Chisvin and Brent Paysinger.

Defendants’ responses consisted of solely objections. (Evans Decls. ¶¶ 3 & Ex. 2.) “[I]f a timely motion to compel has been filed, the burden is on responding party to justify any objection.” (Fairmont Ins. Co. v. Superior Court (2000) 22 Cal.4th 245, 255, citing Coy v. Superior Court (1962) 58 Cal.2d 210, 220-21.) Because no oppositions to the motions were served, defendants fail to meet their burden to justify the objections asserted in their responses.

The motions are GRANTED. Within 15 days hereof, defendants Craig Chisvin and Brent Paysinger are ordered to serve written verified responses, without objection, to all the requests in their respective Requests for Admission, Set One.

For failing to comply with discovery obligations and thereby forcing plaintiff to file these two motions, the Court imposes a total of $645 in monetary sanctions on defendant Craig Chisvin and $645 in monetary sanctions on Brent Paysinger. For each motion, the monetary sanctions are based on 1 hour of work preparing the motion (instead of the 3.2 hours claimed); 0.2 hours meeting and conferring with opposing counsel to obtain substantive responses (instead of the 0.4 hours claimed); and 0.1 hours attending the hearing (instead of the 2.5 hours claimed for reviewing the opposition, preparing a reply, and attending the hearing), all at an hourly rate of $450, plus $60.00 in filing fees.

Monetary sanctions shall be paid to plaintiff Global Financial Partners, Inc.’s counsel of record within 30 days hereof.