Judge: Daniel M. Crowley, Case: 21STCV32446, Date: 2022-08-25 Tentative Ruling

Case Number: 21STCV32446    Hearing Date: August 25, 2022    Dept: 28

Ruling on Defendants Andrew Alex Azarian, Fred Azarian and Karineh Azarian’s Unopposed Motions to Compel Responses to Form Interrogatories, Special Interrogatories and Request for Production, and to Deem Request for Admissions Admitted.

            Having reviewed Defendants Andrew Alex Azarian, Fred Azarian and Karineh Azarian’s unopposed Motions to Compel Responses to Form Interrogatories, Special Interrogatories, and Request for Production of Documents, and to Deem Request for Admissions Admitted, the Court rules as follows.

            On February 9, 2022, Defendants Andrew Alex Azarian, Fred Azarian and Karineh Azarian served Form Interrogatories, Set No. One, Special Interrogatories, Set No. One, Request for Production of Documents, Set No. One, and Request for Admissions, Set One, on Plaintiff Jahanger Sojoudi Haghighi.

            Responses were due on March 11, 2022. Plaintiff Jahanger Sojoudi Haghighi has failed to provide timely responses. Defendants Andrew Alex Azarian, Fred Azarian and Karineh Azarian now move to compel code-compliant responses and deem the requests for admissions admitted.

            The Court grants the motions to compel responses to the form and special interrogatories pursuant to Code of Civ. Proc. § 2030.290(b) and orders Plaintiff Jahanger Sojoudi Haghighi to provide verified responses to the interrogatories compliant with Code of Civ. Proc. §§ 2030.210 (a) and 2030.220 without objections by September 26, 2022. The Court grants the motion to deem requests for admission admitted pursuant to Code of Civ. Proc. § 2033.280 and deems the requests to be admitted. The Court grants the motion to compel responses to the request for production and production of items pursuant to Code of Civ. Proc. § 2031.300 and orders Plaintiff Jahanger Sojoudi Haghighi to provide verified responses pursuant to Code of Civ. Proc. § 2031.210 and to produce the documents, electronically stored information, and/or other things requested without objections by September 26, 2022.

Defendants Andrew Alex Azarian, Fred Azarian and Karineh Azarian request monetary sanctions totaling $5,100.00.     

The Court awards sanctions pursuant to Code of Civ. Proc. § 2023.030 (a), Code of Civ. Proc. § 2030.290 (c), Code of Civ. Proc. § 2033.280 (c) and Code of Civ. Proc. § 2031.300 (c) in the amount of $1,500.00, calculated as follows:

Defendants request $1,320.00 in sanctions for each of three of the motions and $1,140.00 for the last. This is based upon 6-7 hours of attorney’s work at a rate of $180.00 per hour, along with $60.00 filling fees. Attorney’s work is broken down as 2-3 hours preparing the motions, 2 hours responding to any opposition, and 2 hours appearing at the motions. First, the Court notes that all of these motions are substantially similar and being heard concurrently. The Court also notes that these are unopposed. Both of these facts will factor into the Court’s calculations.

The Court awards sanctions of $780.00 for the Motion to Compel Form Interrogatory responses, and $240.00 for each additional motion.

The sanctions total $1,500.00 and are payable by Plaintiff Jahanger Sojoudi Haghighi and his counsel by September 26, 2022.

Moving Party is to give notice of this ruling.