Judge: Douglas W. Stern, Case: 20STCV31934, Date: 2022-12-13 Tentative Ruling

Case Number: 20STCV31934    Hearing Date: December 13, 2022    Dept: 68

Stephen Morton-Smith vs. Vartan Yolchian, et al., Case No.  20STCV31934

Plaintiff Stephen Morton-Smith’s Motion to Compel

(1)  Responses to Special Interrogatories, Set One,

(2)  Requests for Production of Documents, Set Two and

(3)  Request for Monetary Sanctions

BACKGROUND

The complaint in this case was filed on August 21, 2020. 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. Plaintiff filed this discovery motion against Defendant Vartan Yolchian (Yolchian) on October 11, 2022.

            The moving party requests an order on the motion pursuant to Code of Civil Procedure Sections 2030.310 and 2031.310. Plaintiff seeks an order (1) compelling responses to the two discovery sets, and (2) awarding Plaintiff monetary sanctions in the amount of $1,400.00 against Yolchian. Plaintiff propounded the discovery sets upon Yolchian on June 17, 2022. Yolchian has never responded to the requests. Plaintiff filed this motion to compel on October 11, 2022.

            No opposition has been filed as of December 11, 2022. 

ANALYSIS

I.         Motion to Compel

            A verified response to the discovery requests at issue here must be served within 30 days of service of the interrogatories. (CCP §§ 2030.250(a) and 2030.260(a).) If a party to whom interrogatories and production demands were directed fails to serve a response, the propounding party may move for an order compelling responses. (CCP §§ 2030.290 and 2031.300.)

            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 Plaintiff’s motion to compel.  Responses, without objection, shall be served within 20 days of notice of this Order.

II.        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 Plaintiff’s discovery requests were due months ago. Yolchian still has not responded to the requests. As such, sanctions are appropriate against Yolchian.

            Plaintiff’s attorney, Alan J. Carnegie, stated that he spend 2 hours on the motion. (Carnegie Decl., ¶ 8.) Carnegie’s billing rate is $350 per hour.  While he anticipated additional time, no additional time was needed as there is no Opposition. Plaintiff’s request for sanctions against Yolchian is granted in the amount of $760.00.

CONCLUSION

            Plaintiff’s motion to compel discovery responses is GRANTED in its entirety. Responses, without objection, shall be served within 20 days of notice of this Order.

The Court awards moving party $760.00 in sanctions against Defendant Vartan Yolchian payable within 45 days of notice of this Order.