Judge: Curtis A. Kin, Case: 21STCV39020, Date: 2022-10-06 Tentative Ruling

Case Number: 21STCV39020    Hearing Date: October 6, 2022    Dept: 72

MOTIONS TO COMPEL RESPONSES TO:

(1) REQUESTS FOR PRODUCTION, SET ONE FROM PLAINTIFFS KINGSLY APARTMENTS LLC, HOVANNES KIRAMITTCHIAN, AND ARUTUYAN GLEDZHAN;

(2) SPECIAL INTERROGATORIES, SET ONE FROM PLAINTIFF KINGSLY APARTMENTS LLC;

(3) SPECIAL INTERROGATORIES, SET ONE FROM PLAINTIFF HOVANNES KIRAMITTCHIAN; AND

(4) SPECIAL INTERROGATORIES, SET ONE FROM PLAINTIFF ARUTUYAN GLEDZHAN

Date:               10/6/22 (8:30 AM)                 

Case:               Kingsly Apts., et al. v. Travelers Casualty Ins. of Am, et al. (21STCV39020)

TENTATIVE RULING:

Defendant Travelers Casualty Insurance Company of America’s UNOPPOSED: (1) Motion to Compel Responses to Requests for Production, Set One from Plaintiffs Kingsly Apartments LLC, Hovannes Kiramittchian, and Arutuyan Gledzhan; (2) Motion to Compel Responses to Special Interrogatories, Set One from Plaintiff Kingsly Apartments LLC; (3) Motion to Compel Responses to Special Interrogatories, Set One from Plaintiff Hovannes Kiramittchian; and (4) Motion to Compel Responses to Special Interrogatories, Set One from Plaintiff Arutuyan Gledzhan are GRANTED.

On April 12, 2022, defendant Travelers Casualty Insurance Company of America (“Travelers”) served the first sets of Special Interrogatories on plaintiffs Kingsly Apartments LLC, Hovannes Kiramittchian, and Arutuyan Gledzhan and Requests for Production, Set One on plaintiffs collectively by email. (Agness Decls. ¶¶ 1 & Exs. 1.) The deadline to serve responses to the discovery was June 10, 2022. (Agness Decl. ¶¶ 2; CCP §§ 2030.270(b), 2031.270(b) [propounding party may agree to extension of time to respond in writing].) Plaintiffs did not serve any responses by this date. (Agness Decls. ¶¶ 3.) Travelers provided plaintiffs until July 12, 2022 to serve belated discovery responses without objection. (Agness Decls. ¶¶ 3 & Exs. 2.) As of the filing of the motions, no responses have been served. (Agness Decls ¶¶ 4.) Accordingly, all objections are waived. (CCP §§ 2030.290(a), 2031.300(a).)

The motions are GRANTED. Within 15 days of this ruling, plaintiffs Kingsly Apartments LLC, Hovannes Kiramittchian, and Arutuyan Gledzhan are ordered to serve written verified responses, without objection, to their respective Special Interrogatories, Set One and to the Requests for Production, Set One, all propounded by defendant Travelers Casualty Insurance Company of America, as well as produce documents that are responsive to Requests for Production, Set One.

For failing to comply with discovery obligations and thereby forcing defendant to file the four motions, defendant Travelers Casualty Insurance Company of America are awarded sanctions as follows:

Requests for Production, Set One served on plaintiffs collectively: $684.50 against plaintiffs Kingsly Apartments LLC, Hovannes Kiramittchian, and Arutuyan Gledzhan, jointly and severally, based on 1 hour of work at an hourly rate of $290.00 (instead of the total 5 hours claimed) and 1.3 hours at an hourly rate of $235.00 for preparation of the moving papers (instead of the total 5.3 hours claimed), 0.1 hours at an hourly rate of $290.00 for attendance at the hearing, and $60.00 for the filing fee (instead of $120.00 because this motion concerns one discovery set).

Special Interrogatories, Set One, served on plaintiff Kingsly Apartments LLC: $849.00 against plaintiff Kingsly Apartments LLC based on 1 hour of work at an hourly rate of $290.00 (instead of the total 5 hours claimed) and 2 hours at an hourly rate of $235.00 for preparation of the moving papers (instead of the total 8.8 hours claimed), 0.1 hours at an hourly rate of $290.00 for attendance at the hearing, and $60.00 for the filing fee (instead of $120.00 because this motion concerns one discovery set).

Special Interrogatories, Set One, served on plaintiff Hovannes Kiramittchian: $539.50 against plaintiff Hovannes Kiramittchian based on 0.5 hours of work at an hourly rate of $290.00 (instead of the total 3.5 hours claimed) and 1.3 hours at an hourly rate of $235.00 for preparation of the moving papers (instead of the total 2.6 hours claimed), 0.1 hours at an hourly rate of $290.00 for attendance at the hearing, and $60.00 for the filing fee (instead of $120.00 because this motion concerns one discovery set).

Special Interrogatories, Set One, served on plaintiff Arutuyan Gledzhan: $469.00 against plaintiff Arutuyan Gledzhan based on 0.5 hours of work at an hourly rate of $290.00 (instead of the total 3.5 hours claimed) and 1 hour at an hourly rate of $235.00 for preparation of the moving papers (instead of the total 2.2 hours claimed), 0.1 hours at an hourly rate of $290.00 for attendance at the hearing, and $60.00 for the filing fee (instead of $120.00 because this motion concerns one discovery set).

All monetary sanctions shall be paid to counsel for defendant Travelers Casualty Insurance Company of America within thirty (30) days hereof.