Judge: Curtis A. Kin, Case: 21STCV40805, Date: 2022-12-13 Tentative Ruling

Case Number: 21STCV40805    Hearing Date: December 13, 2022    Dept: 72

MOTIONS TO COMPEL RESPONSES TO FORM INTERROGATORIES-GENERAL, SET ONE (3)

Date:             12/13/22 (8:30 AM)               

Case:            12 Albany, LLC v. OG Farmz, Inc. et al. (21STCV40805)

TENTATIVE RULING:

The Court GRANTS plaintiff 12 Albany, LLC’s UNOPPOSED Motions to Compel Discovery Responses to Form Interrogatories-General, Set One from defendants: (1) OG Farmz, Inc.; (2) Chong Sang Eric Tak; and (3) The One1 Entertainment, Inc.

On August 25, 2022, plaintiff 12 Albany, LLC served three separate sets of Form Interrogatories-General, Set One on defendants OG Farmz, Inc., Chong Sang Eric Tak, and The One1 Entertainment, Inc. by email and mail. (Ruger Decls. ¶¶ 3 & Exs. A.) Pursuant to plaintiff’s agreement, the deadline to serve responses to the discovery was October 12, 2022. (Ruger Decls. ¶¶ 5, 6 & Exs. B; CCP § 2030.270 [parties may agree to extension of deadline to respond to discovery].) Despite efforts to meet and confer, no responses have been served. (Ruger Decls. ¶¶ 6-8 & Exs. C.) Accordingly, all objections are waived. (CCP § 2030.290(a).)

The motions are GRANTED. Within 15 days of this ruling, defendants OG Farmz, Inc., Chong Sang Eric Tak, and The One1 Entertainment, Inc. are ordered to serve written verified responses, without objection, to their respective Form Interrogatories-General, Set One propounded by plaintiff 12 Albany, LLC.

For failing to comply with discovery obligations thereby forcing plaintiff to file these three motions, the Court imposes a total of $1,056.25 in monetary sanctions on each defendant and counsel of record, jointly and severally, as follows:

·                     $352.09 against defendant OG Farmz, Inc. and counsel of record, jointly and severally

·                     $352.08 against defendant Chong Sang Eric Tak and counsel of record, jointly and severally

·                     $352.08 against defendant The One1 Entertainment, Inc. and counsel of record, jointly and severally

The monetary sanctions are based on 2 hours of work preparing all three motions, instead of the 3.3 hours claimed for each motion, and 0.5 hours preparing a notice of non-opposition and preparing for and attending the hearing for all three motions, instead of the 3 hours claimed for each motion, all at an hourly rate of $422.50. The total sanctions are allocated equally to each of the three defendants.

Monetary sanctions are to be paid to counsel for plaintiff 12 Albany, LLC within 30 days hereof.