Judge: Curtis A. Kin, Case: 22STCV02398, Date: 2022-12-06 Tentative Ruling
Case Number: 22STCV02398 Hearing Date: December 6, 2022 Dept: 72
MOTIONS TO COMPEL RESPONSES TO:
(1) FORM INTERROGATORIES-GENERAL;
(2) SPECIAL INTERROGATORIES; AND
(3) REQUESTS FOR PRODUCTION OF DOCUMENTS
Date: 12/6/22
(8:30 AM)
Case: Jessica Liu v. Lisa Ho Tzu
Ting et al. (22STCV02398)
TENTATIVE RULING:
Defendant David Ting, as Trustee of The Ting Family Trust’s UNOPPOSED
Motions to Compel Discovery Responses to Form Interrogatories-General, Set One;
Special Interrogatories, Set One, Set One; and Request for Production of Documents,
Set One are GRANTED.
On July 29, 2022, defendant David Ting, as Trustee of the
Ting Family Trust, served the first sets of Form Interrogatories-General,
Special Interrogatories, and Request for Production of Documents on plaintiff Jessica
Liu by email. (Motschenbacher Decl. ¶ 3 & Exs. A-C.) The deadline to serve
responses to the discovery was August 30, 2022. (CCP §§ 2030.260(a),
2031.260(a) [responses to be served 30 days after service); CCP §
1010.6(a)(4)(B) [two court days added for email service].) Despite efforts to
meet and confer, no responses have been served. (Motschenbacher ¶¶ 4-8 &
Exs. D, E.) Accordingly, all objections are waived. (CCP §§ 2030.290(a),
2031.300(a).)
The motions are GRANTED. Within 15 days of this ruling,
plaintiff Jessica Liu shall serve written verified responses, without
objection, to: (1) Form Interrogatories-General, Set One; (2) Special
Interrogatories, Set One; and (3) Request for Production of Documents, Set One
propounded by defendant David Ting, as Trustee of The Ting Family Trust and
produce documents that are responsive to Request for Production of Documents,
Set One.
For failing to
comply with discovery obligations and thereby forcing defendant to file these three
motions, the Court imposes a total of $410 in monetary sanctions on plaintiff
Jessica Liu and counsel of record, jointly and severally. The monetary
sanctions are based on 1.5 hours of work preparing all three motions, instead
of the 1.5 hours claimed for each motion, and 0.5 hours preparing for and
attending the hearing for all three motions, instead of the 1.5 hours claimed
for each motion, all at an hourly rate of $205. Monetary sanctions shall
be paid to counsel for defendant David Ting, as Trustee of The Ting Family
Trust within 30 days hereof.