Judge: Douglas W. Stern, Case: 20STCV31934, Date: 2022-12-06 Tentative Ruling
Case Number: 20STCV31934 Hearing Date: December 6, 2022 Dept: 68
Stephen Morton-Smith vs. Vartan Yolchian, et al., Case No.: 20STCV31934
Motion: Motion to Compel Responses to Special Interrogatories, Set One, and Requests for Production of Documents, Set One
Moving Party: Defendant HC Builders, Inc.
Responding Party: Defendant Vartan Yolchian
The complaint in this case was filed on August 21, 2020. Plaintiff amended the complaint to substitute Doe 1 for Defendant HC Builders, Inc. (HC Builders), on March 24, 2021. The causes of action asserted in the Plaintiff’s Complaint include trespass, negligence, private nuisance, interference with quiet enjoyment of real property trespass timber, malicious destruction of timber, and injunctive relief. HC Builders filed this discovery motion against Defendant Vartan Yolchian (Yolchian) on October 6, 2022.
The moving party requests an order on the motion pursuant to Code of Civil Procedure Section 2030.290. HC Builders seeks an order (1) compelling responses to the two discovery sets, and (2) awarding HC Builders monetary sanctions in the amount of $555.00. HC Builders propounded the discovery sets upon Yolchian on June 14, 2022. Yolchian has never responded to the requests. HC Builders filed this motion to compel on October 6, 2022.
No opposition has been filed as of December 1, 2022.
Motion to Compel
A verified response to the types of discovery requests at issue here must be served within 30 days of service of the interrogatories. Cal. Code Civ. Proc. §§ 2030.250(a) and 2030.260(a). Yolchian failed to serve responses to the discovery requests by the deadline, and still has not done so. Yolchian is required to serve responses. Accordingly, the Court grants HC Builders’ motion to compel.
Sanctions
If a party to whom interrogatories are directed fails to serve a timely response, the requesting party may move for an order compelling response to the interrogatories, as well as for a monetary sanction under Code of Civil Procedure section 2023.010 et seq. CCP § 2030.290(b) and (c). Misuses of the discovery process include failing to respond to an authorized method of discovery. (CCP § 2023.010(d).) Sanctions may be imposed against a party or his attorney, or both. (CCP § 2023.030.)
Yolchian’s responses to HC Builders’ discovery requests were due months ago. Yolchian still has not responded to the requests. As such, sanctions are appropriate against Yolchian and Yolchian’s counsel of record, Geoffrey Melkonian, Esq./Law Office of Geoffrey G. Melkonian.
HC Builders attorney, Robyn McClain, stated that she expects to spend a total of 3 hours on the motion. (McClain Decl., ¶ 5.) McClain’s billing rate is $160 per hour, plus filing fees of $75.00, making $555.00 the total sum of sanctions requests. (McClain Decl., ¶ 5.) Accordingly, HC Builders’ request for sanctions against Yolchian and Yolchian’s counsel of record is granted in the amount of $555.00.
. HC Builders’ motion to compel discovery responses is GRANTED. Responses are due within 20 days. The Court awards $555.00 in sanctions against both Yolchian and his counsel of record, Geoffrey Melkonian. The sanctions shall be paid within 45 days.