Judge: Douglas W. Stern, Case: 21STCV37489, Date: 2023-03-21 Tentative Ruling
Case Number: 21STCV37489 Hearing Date: March 21, 2023 Dept: 68
Itai
Ziv vs. Youval Ziv, et al., Case No. 21STCV37489
Motion
to Compel Responses to Form and Special Interrogatories and
Motion
to Compel Responses to Requests for Production of Documents
Moving
Party – Plaintiff Itai Ziv
Plaintiff
filed this action against Defendants Youval Ziv and Pacific Holdings
Partnership dba Pacific Holdings, Group on October 8, 2021. On May 25, 2022, Plaintiff
served initial Form Interrogatories and Special Interrogatories and Requests
for Production on Defendants Youval Ziv and Pacific Holdings Partnership. Responses
were due on June 28, 2022. (Motions at p. 3.) None were served. On July 20,
2022, Plaintiff’s counsel reached out to Defendants’ counsel to see if
responses would be forthcoming. Defendants’ counsel responded that they had not
responded because Defendants and Plaintiff were engaged in settlement
discussions. (Motions at p. 4.) A settlement was not reached. On December 23,
2022, Plaintiff’s counsel reached out again to ask if Defendants would be
responding. No response was received. As of the filings of the motions on January
9, 2023, Defendants had yet to provide Plaintiff with any responses to the
discovery requests. (Motions at p. 4.) No
oppositions have been filed.
The
Court shall address the two motions separately below.
Analysis
I.
Form
Interrogatories and Special Interrogatories
The propounding party may move for an
order compelling responses and monetary sanctions if a party to whom the
interrogatories are directed fails to respond. (CCP §§ 2030.290, 2030.300; Sinaiko
Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148
Cal.App.4th 390, 404.) Responses to interrogatories are due within thirty days
from the date of service of the interrogatories. (CCP §§ 2030.260(a),
2016.050.) The responding party waives any objections to the interrogatories by
failing to serve responses in a timely manner. (CCP § 2030.290(a).)
Defendants have failed to respond to Plaintiff’s
Form and Special Interrogatories. Plaintiff has moved for an order compelling Defendants’
response to these Interrogatories. The Court GRANTS Plaintiff’s motion to
compel responses. Defendants are ordered to provide responses without
objections within twenty days of notice of this Order.
Sanctions
Plaintiff requests sanctions against
Defendants and their counsel of record pursuant to CCP §§ 2030.290(c),
2023.010, and 2023.030. Section 2030.290(c) states as follows:
“The court
shall impose a monetary sanction under Chapter 7 (commencing with Section
2023.010) against any party, person, or attorney who unsuccessfully makes or
opposes a motion to compel a response to interrogatories, unless it finds that
the one subject to the sanction acted with substantial justification for that
other circumstances make the imposition of the sanction unjust.”
Section 2023.010(d) defines failing to
respond or submit to an authorized method of discovery as a misuse of the
discovery process. Monetary sanctions may be imposed against a party and its
counsel for the misuse of discovery process pursuant to Section 2023.010(a).
Sanctions may include the reasonable expenses, including attorney’s fees,
incurred by anyone as a result of the misuse of discovery.
Defendants have failed to respond to
Plaintiff’s Form and Special Interrogatories. Thus, sanctions are appropriate.
Plaintiff has requested sanctions against Defendants and their counsel of
record in the amount of $2,695. This amount was based on 2 hours for preparing
the motion to compel and supporting documents at $490 an hour, and an
anticipated additional 3 hours for reviewing the opposition, drafting a reply,
and attending the hearing. (Korenaga Decl. ¶ 12.) However, no opposition was
filed, which did not necessitate a reply, so 1/2 hour is more appropriate for
the hearing. Therefore, 2.5 hours at $490 shall be awarded, fees of $1,225,
plus the $60 filing fee for a total of $1,285 on this motion.
Sanctions are awarded in favor of
Plaintiff in the amount of $1,285. Defendants Youval Ziv and Pacific Holdings
Partnership and their counsel of record are ordered to pay sanctions (jointly and
severally) in the amount of $1,285 on this motion to Plaintiff within 20 days
of the date of the hearing on this motion.
II.
Requests
for Production
A propounding party may move to compel
responses to requests for production of documents where the responding party
fails to provide responses. (CCP § 2031.300.) The responding party must provide
responses within thirty days after the demand is served. (CCP § 2031.030(c)(2)
& (3).) The responding party waives all objections, including privilege and
work product, by failing to timely respond to requests for production of
documents. (CCP § 2031.300.)
Defendants have failed to provide
responses to Plaintiff’s request for production of documents. Plaintiff has
moved for an order compelling production of those documents. The Court GRANTS Plaintiff’s
motion to compel responses. Defendants are ordered to provide responses without
objections within twenty days of the hearing on this motion.
Sanctions
Plaintiff has also requested sanctions
against Defendants Youval Ziv and Pacific Holdings Partnership and their
counsel of record pursuant to CCP §§ 2031.300(c), 2023.010, and 2023.030.
Section 2031.300(c) requires that monetary sanctions be imposed against any
party, person, or attorney who unsuccessfully makes or opposes a motion to
compel a response to a demand for production, unless the Court finds that the
one subject to the sanction acted with substantial justification or that other
circumstances make the imposition of the sanction unjust.
Section 2023.010(d) defines failing to
respond or submit to an authorized method of discovery as a misuse of the
discovery process. Monetary sanctions may be imposed against a party and its
counsel for the misuse of discovery process pursuant to Section 2023.010(a).
Sanctions may include the reasonable expenses, including attorney’s fees,
incurred by anyone as a result of the misuse of discovery.
Sanctions
are awarded in favor of Plaintiff in the amount of $1,285. Defendants Youval
Ziv and Pacific Holdings Partnership and their counsel of record are ordered to
pay sanctions (jointly and severally) in the amount of $1,285 on this motion to
Plaintiff within 20 days of the date of the hearing on this motion.
ORDER:
1. Defendants Youval Ziv and Pacific
Holdings Partnership are ordered to serve complete answers, without objection,
to the (1) Form Interrogatories, (2) Special Interrogatories and the (3) Requests
for Production within 20 days of the date of service of this Order.
2. Defendants Youval Ziv and Pacific
Holdings Partnership as well as their counsel of record (jointly and severally)
are ordered to pay sanctions in the total amount of $2,570 to counsel for
Plaintiff within 45 days of service of this Order.