Judge: Daniel S. Murphy, Case: 21STCV36602, Date: 2023-03-24 Tentative Ruling

Case Number: 21STCV36602    Hearing Date: March 24, 2023    Dept: 32

BACKGROUND

            On October 5, 2021, Varouj Shekerdemian (“Plaintiff”) filed this action against Desai Holdings USA, LLC and Rakesh David Desai (collectively “Defendants”), alleging the following causes of action: (1) failure to provide accurate wage records; (2) unfair business practices; (3) constructive discharge; and (4-5) intentional/negligent infliction of emotional distress. The operative First Amended Complaint, filed May 27, 2022, adds causes of action for discrimination, harassment, and violation of civil rights.

            Plaintiff alleges that Defendant Desai hired Plaintiff as the general manager at Defendant’s restaurant, R Bar. Defendant did not classify or pay Plaintiff as an employee but rather as an independent contractor. Defendant initially ignored Plaintiff’s requests to be properly classified but eventually put Plaintiff on the payroll as a traditional exempt employee. During Plaintiff’s employment, Defendant Desai was allegedly abusive and racist towards Plaintiff and R Bar’s employees and patrons. This resulted in multiple altercations, causing Plaintiff to fear for his safety. Plaintiff eventually resigned due to the hostile work environment. After Plaintiff quit, Desai allegedly continued harassing Plaintiff through racist and vulgar text messages and also visited Plaintiff’s new place of employment.

            On February 17, 2023, Plaintiff filed the instant motions against Defendant Desai Holdings USA, LLC to compel responses to FROGs Set Two and to deem matters in RFAs Set One admitted.

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 subject discovery was propounded on November 18, 2022. (Tokar Decl. ¶ 2.) To date, Defendant has not provided any responses. (Id., ¶ 3.) No substantial justification is provided. Sanctions are warranted, and Plaintiff reasonably requests $761.65. (Id., ¶ 4.)

            Defense counsel avers that he has no record of receiving the RFAs. (Rudd Decl. ¶ 2.) Defense counsel has since provided a set of RFA responses, but they are ambiguous as to who the responding party is. The RFAs at issue were propounded to Desai Holdings USA, LLC, but the RFA responses identify the responding party as Rakesh David Desai. (Tokar Reply Decl., Ex. B.) Defendant must provide RFA responses from the correct party.

CONCLUSION

            Plaintiff’s motions are GRANTED in part. Defendant Desai Holdings USA, LLC is to provide responses to FROGs Set Two and RFAs Set One within 10 days. The matters stated in RFAs Set One are not deemed admitted. Sanctions are awarded against Defendant and its counsel in the amount of $761.65, to be paid within 30 days.