Judge: David A. Hoffer, Case: 30-2021-1207298, Date: 2023-01-09 Tentative Ruling

A)  Motion to Compel UKA’s Initial Responses to FROG, Set One

Plaintiff Superior Paving Company, Inc., dba United Paving Co.’s (“Plaintiff”) Motion to Compel initial responses to Form Interrogatories, Set One (“FROG”), from defendant UKA’s Big Saver Foods, Inc. (“UKA”) is GRANTED in part and MOOT in part.

UKA failed to serve responses to the FROG until over 8.5-months after they were due.  Though very late, responses were eventually served prior to the hearing on this motion, which makes the request to order UKA to serve initial responses moot.  The only issue left for the court to decide is that of monetary sanctions pursuant to Civ. Proc. Code § 2030.290(c).

The court finds monetary sanctions are warranted in this case, but finds that the two FROG motions against UKA and co-defendant Solanki Properties, LLC (“Solanki”) are almost identical.  Additionally, there is much overlap in the facts and declarations on the FROG motions and the motions to compel responses to Requests for Production, Set One (“RFP”).  The court also notes there was no breakdown of hours incurred by Plaintiff’s respective counsel.  Due to the above, the court award a total of $1,000 in monetary sanctions in favor of Plaintiff and against UKA on this motion.

B)   Motion to Compel UKA’s Initial Responses to RFP, Set One

Plaintiff’s Motion to Compel initial responses to RFP from defendant UKA is GRANTED in part and MOOT in part.

As noted in the FROG motion above, responses have been served and the motion is moot as to that issue. 

The court grants monetary sanctions in the amount of $1,000 on this motion in favor of Plaintiff and against UKA.  (Civ. Proc. Code § 2031.300(c).)

C)   Motion to Compel Solanki’s Initial Responses to FROG, Set One

Plaintiff’s Motion to Compel initial responses to FROG from defendant Solanki is GRANTED in part and MOOT in part.

Solanki failed to serve responses to the FROG until almost 10-months after they were due.  Though very late, responses were eventually served prior to the hearing on this motion, which makes the request to order Solanki to serve initial responses moot.  The only issue left for the court to decide is that of monetary sanctions pursuant to Civ. Proc. Code § 2030.290(c).

The court grants monetary sanctions in the amount of $1,000 on this motion in favor of Plaintiff and against Solanki. 

D)  Motion to Compel Solanki’s Initial Responses to RFP, Set One

Plaintiff’s Motion to Compel initial responses to RFP from defendant Solanki is GRANTED in part and MOOT in part.

As noted in the FROG motion above, responses have been served and the motion is moot as to that issue. 

The court grants monetary sanctions in the amount of $1,000 on this motion in favor of Plaintiff and against Solanki.  (Civ. Proc. Code § 2031.300(c).)

Monetary sanctions are due within 60-days of written notice of this ruling.

Plaintiff is ordered to give notice of this ruling.