Judge: Curtis A. Kin, Case: 21STCV17013, Date: 2022-09-06 Tentative Ruling

Case Number: 21STCV17013    Hearing Date: September 6, 2022    Dept: 72

MOTIONS TO COMPEL RESPONSES TO:

(1) FORM INTERROGATORIES-GENERAL;

(2) FORM INTERROGATORIES-EMPLOYMENT;

(3) SPECIAL INTERROGATORIES; AND

(4) REQUESTS FOR PRODUCTION

Date:            9/6/22 (8:30 AM)                   

Case:           Jane Doe v. Rafii & Associates, PC, et al. (21STCV17013)

TENTATIVE RULING:

Plaintiff Jane Doe’s UNOPPOSED Motion to Compel Responses to (1) Form Interrogatories-General, Set One; (2) Form Interrogatories-Employment, Set One; (3) Special Interrogatories, Set One; and (4) Requests for Production, Set One is GRANTED, with respect to defendants (1) Rafii & Associates, PC; (2) Daniel J. Rafii; (3) Firooz Rafii; (4) Louise Rafii; and (5) Sayra Masariegos

As a preliminary matter, plaintiff did not pay a separate filing fee for each of the 20 discovery sets that this motion concerns. (See Finkelberg Decl. ¶ 3 & Ex. A [December 29, 2021 email states “Attached please find General and Employment Form Interrogatories, Special Interrogatories, and Request for Production of Documents for all Defendants”].) The filing fee required by Government Code § 70617(a)(4) concerning discovery motions applies “separately to each motion or other paper filed,” “[r]egardless of whether each motion or matter is heard at a single hearing or at separate hearings.” (Gov. Code § 70617(f).)

Because plaintiff seeks responses to 20 different discovery sets, plaintiff was required to pay 20 separate filing fees of $60, or $1,200 in total. Plaintiff paid only one filing fee of $60, which means $1,140 remains due.

On December 29, 2021, plaintiff Jane Doe served the first sets of Form Interrogatories-General, Form Interrogatories-Employment, Special Interrogatories, and Requests for Production on defendants Rafii & Associates, PC dba Rafii & Nazarian, LLP; Daniel J. Rafii; Firooz Rafii; Louise Rafii; and Sayra Masariegos by email. (Finkelberg Decl. ¶ 3 & Ex. A.) On January 13, 2022, plaintiff served the same discovery on defendants by mail. (Id.)

The deadline to serve responses to the discovery was March 18, 2022. (Finkelberg Decl. ¶¶ 8, 9, 12; CCP §§ 2030.270, 2031.270 [parties may agree to extension of deadline to respond to discovery].) As of the filing of the motion, no responses have been served. (Finkelberg Decl. ¶ 14.) Accordingly, all objections are waived. (CCP §§ 2030.290(a); 2031.300(a).)

The motion is GRANTED. Within 15 days of this ruling, defendants (1) Rafii & Associates, PC; (2) Daniel J. Rafii; (3) Firooz Rafii; (4) Louise Rafii; and (5) Sayra Masariegos are ordered to serve written verified responses, without objection, to (1) Form Interrogatories-General, Set One; (2) Form Interrogatories-Employment, Set One; (3) Special Interrogatories, Set One; and (4) Requests for Production, Set One propounded by plaintiff Jane Doe and produce documents that are responsive to Requests for Production, Set One.

For failing to comply with discovery obligations and thereby forcing plaintiff to file this motion, the Court imposes a total of $2,400 in monetary sanctions on defendants Rafii & Associates, PC; Daniel J. Rafii; Firooz Rafii; Louise Rafii; and Sayra Masariegos and counsel of record, jointly and severally. The monetary sanctions are based on 2 hours of work (instead of the 6 hours claimed) at an hourly rate of $600, plus $1,200 in filing fees.

Monetary sanctions shall be paid to plaintiff Jane Doe’s counsel of record within thirty (30) days hereof.

Within five (5) court days hereof, plaintiff Jane Doe is ordered to pay an additional $1,140 to cover the 19 additional discovery sets that this motion concerns. If plaintiff does not pay these fees within the stated deadline, the Court’s order compelling responses shall apply only to Form Interrogatories-General, Set One propounded on defendant Rafii & Associates, PC dba Rafii & Nazarian, LLP.