Judge: Elaine Lu, Case: 20STCV09801, Date: 2023-01-27 Tentative Ruling

Case Number: 20STCV09801    Hearing Date: January 27, 2023    Dept: 26

Superior Court of California

County of Los Angeles

Department 26

Procedural Background

On March 11, 2020, plaintiff Francisca Velasquez (“Plaintiff”) filed the instant action against defendants Koko Polosajian (“Polosajian”), Cesar Galvan (“Galvan”), Standard Home Lending, Inc. (“Standard Home Lending”) (collectively “Defendants”), Mark S, Nadel, and Nadel & Associates Profit Sharing Plan & CA TD Investments.  On February 22, 2022, Plaintiff filed the operative Second Amended Complaint (“SAC”) against Defendants, Mark S, Nadel, and Nadel & Associates Profit Sharing Plan & CA TD Investments.[1]  The SAC asserts four causes of action for (1) Financial Elder Abuse, (2) Intentional Infliction of Emotional Distress, (3) Fraud, and (4) Breach of Fiduciary Duty.

On December 12, 2022, Defendant Galvan filed the instant motion to compel Plaintiff’s response to Form Interrogatories, Set One (“FROGs”).  No opposition or reply has been filed.

Time to Respond

Under Code of Civil Procedure section 2030.260 subdivision (a), a party must respond to interrogatories within 30 days of service.  However, this time limit is extended if served by mail, overnight delivery, fax, or electronically.  (See CCP §§ 1010.6(a)(4), 1013.)  Failure to timely respond waives all objections including privilege or on the protection of work product.  (See CCP § 2030.290(a).) 

On October 18, 2022, Defendant Galvan propounded the FROGs on Plaintiff by electronic service.  (Lisitsa Decl. ¶ 7, Exh. A.)  Accordingly, Plaintiff had until November 21, 2022 to timely respond to the FROGs.[2]  However, Plaintiff failed to timely respond.  (Lisitsa Decl. ¶ 9.)  On November 30, 2022, Defense Counsel emailed Plaintiff’s Counsel about the lack of responses to the FROGs.  (Lisitsa Decl. ¶ 10, Exh. C.)  Plaintiff’s Counsel responded the same day stating that he would look into the lack of responses to the FROGs.  (Lisitsa Decl.¶ 11, Exh. D.)  As of filing the instant motion, Plaintiff has not responded to the FROGs.  (Lisitsa Decl. ¶ 12.) 

Accordingly, as the responses are untimely, Plaintiff has waived all objections.

Motions to Compel

As Plaintiff has not served any responses to the FROGs, Defendant Galvan’s motions to compel responses to the requests for Form Interrogatories, Set One, from Plaintiff Francisca Velasquez is GRANTED pursuant to Code of Civil Procedure section 2030.290. 

Plaintiff Francisca Velasquez is ordered to serve verified code compliant responses to the Form Interrogatories, Set One without objections, within thirty (30) days of notice of this order.

Sanctions

Defendant Galvan seeks sanctions of $3,561.65 against Plaintiff and Plaintiff’s Counsel to compensate Defense Counsel for having to bring the instant motion.  Specifically, Defendant Galvan requests sanctions to compensate for incurred attorney’s fees (one hour for preparing the instant motion, two hours responding to any opposition, and two hours appearing at the hearing at $700 per hour) and filing fees of $61.65.  (Lisitsa Decl. ¶¶ 15-16.)

“The court shall impose a monetary sanction … against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a response . . . , unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.”  (CCP § 2030.290(c).)  Moreover, the Court finds that Plaintiff’s failure to timely respond to the discovery request is an abuse of discovery.  (CCP § 2023.030(a); Cal. Rules of Court, Rule 3.1348(a).) 

However, the Court finds that the total amount requested – $3,561.65 – is unreasonable in view of the totality of the circumstances, especially in light of the simplicity of the instant motion and the lack of any opposition.  The Court finds that $1,511.65 reasonably compensates Defendant Galvan for the reasonable attorney’s fees and costs incurred in bringing this motion.

            Plaintiff Francisca Velasquez and her counsel of record Ralph M. Rios, Esq. are jointly and severally liable and ordered to pay monetary sanctions in the amount of $1,511.65 to Defendant Cesar Galvan by and through counsel, within thirty (30) days of notice of this order. 

Conclusion and ORDER

            Based on the foregoing, Defendant Cesar Galvan’s motion for an order to compel Plaintiff’s response to Form Interrogatories, Set One is GRANTED. 

            Plaintiff Francisca Velasquez is ordered to serve verified code compliant responses to the Form Interrogatories, Set One without objections, within thirty (30) days of notice of this order.

            Plaintiff Francisca Velasquez and her counsel of record Ralph M. Rios, Esq. are jointly and severally liable and ordered to pay monetary sanctions in the amount of $1,511.65 to Defendant Cesar Galvan by and through counsel, within thirty (30) days of notice of this order. 

Moving Party is to give notice and file proof of service of such.

DATED: January 27, 2023                                                     ___________________________

                                                                                          Elaine Lu

                                                                                          Judge of the Superior Court