Judge: Daniel S. Murphy, Case: 18MCV00212, Date: 2023-09-29 Tentative Ruling

Case Number: 18MCV00212    Hearing Date: September 29, 2023    Dept: 32

BACKGROUND

On November 9, 2018, Plaintiffs Hero Dogs Season One LLC (HDS1) and Nuriya Entertainment LLC (Nuriya) commenced this action against Defendants Dean A. Avedon, Bemel, Ross & Avedon, LLP, David Beitchman, and Beitchman & Zekian, a Professional Law Corporation. The operative First Amended Complaint was filed June 11, 2019. The matter came on for a bench trial on October 31, 2022. The Court found in favor of Defendants and entered judgment accordingly on December 6, 2022. Plaintiffs then appealed the judgment, but the appeal has since been dismissed.  

            On September 1, 2023, Defendant Dean Avedon, as judgment creditor, filed the instant motion to compel Plaintiffs (judgment debtors) to respond to post-judgment demands for inspection. Plaintiffs have not filed an opposition.  

LEGAL STANDARD

Discovery responses are due 30 days after service of the requests, unless the parties stipulate or the court orders otherwise. (Code Civ. Proc., §§ 2030.260(a), 2031.260(a), 2033.250(a).) If a responding party fails to respond in time, the propounding party may move for an order compelling the responses or deeming matters admitted. (Id., §§ 2030.290(b), 2031.300(b), 2033.280(b).)  

DISCUSSION

            The RFPs were served on Plaintiffs on May 10, 2023. (Dean Decl. ¶ 6.) The responses were due by June 14, 2023, and no extension was requested or agreed upon. (Id., ¶ 8.) To date, Plaintiffs have not responded to the subject RFPs. (Id., ¶ 9.)

            No substantial justification has been provided for Plaintiffs’ failure to respond to discovery. Sanctions are warranted in the amount of $765, representing 3 hours at $235 per hour, plus a $60 filing fee. (See Dean Decl. ¶ 12.)

CONCLUSION

            Defendant Avedon’s motion to compel responses is GRANTED. Plaintiffs shall serve responses to the subject demands for inspection within 15 days. Sanctions are awarded against Plaintiffs in the total amount of $765, to be paid within 30 days.