Judge: Elaine Lu, Case: 22STCV06126, Date: 2023-04-17 Tentative Ruling

Case Number: 22STCV06126    Hearing Date: April 17, 2023    Dept: 26

22STCV06126

4/17/23 order:

On February 17, 2022, Plaintiffs R. Bruce Keiner, Suellen T. Keiner, William G. Keiner, Alexis M. Keiner (collectively “Plaintiffs”) filed the instant quiet title action against Defendants Trevor Damyan (“Damyan”) and Done Right Home Remodeling, Inc.  On April 7, 2022, Plaintiffs filed a Doe Amendment naming Urban Professional Builders, Inc. as Doe 1. 

On July 20, 2022, Plaintiffs filed the First Amended Complaint (“FAC”) against Damyan, Done Right Home Remodeling, Inc., and Urban Professional Builders, Inc.  On July 29, 2022, Plaintiffs dismissed Urban Professional Builders, Inc. without prejudice.  On August 5, 2022, Plaintiffs dismissed Done Right Home Remodeling, Inc. without prejudice.  On November 10, 2022, the Court sustained Damyan’s demurrer to the FAC with leave to amend.  (Order 11/10/22.)

On December 9, 2022, Plaintiffs filed the operative Second Amended Complaint (“SAC”) against Damyan asserting five causes of action for (1) Quiet Title, (2) Damages for Trespass and Injunctive Relief, (3) Nuisance, (4) Negligence, and (5) Prescriptive Easement. 

On February 17, 2023, Plaintiffs filed the four instant discovery motions to (1) compel Damyan’s further response to Form Interrogatories, Set One, (2) compel Damyan’s further response to Request for Admissions, Set One, (3) compel Damyan’s further response to Request for Production of Documents, Set One, and (4) compel Damyan’s compliance to produce documents as to Request for Production of Documents, Set One.

On February 28, 2023, the Court set a briefing schedule for the instant discovery motions with any opposition due by March 14, 2023.  (Minute Order 2/28/23.)  Damyan did not file any opposition by March 14, 2023.

On March 16, 2023, the Court advanced the four discovery motions to April 17, 2023 and extended the time to file an opposition to nine Court days before – i.e., April 4, 2023.  (Minute Order 3/16/23.)  Damyan has not filed any opposition to the four discovery motions.

On April 10, 2023, the Plaintiff filed a notice of non-oppositions to the instant discovery motions.

Plaintiffs’ UNOPPOSED motion to compel DEFENDANT TREVOR DAMYAN’s further responses to Plaintiffs’ Form Interrogatories, Set One is GRANTED.  DEFENDANT TREVOR DAMYAN is ordered to serve verified, code compliant further responses, without objections, to Form Interrogatories, Set One within 30 days. 

Plaintiffs’ UNOPPOSED motion to compel DEFENDANT TREVOR DAMYAN’s further responses to Plaintiffs’ Request for Admission, Set One is GRANTED.  DEFENDANT TREVOR DAMYAN is ordered to serve verified, code compliant further responses, without objections, to Request for Admission, Set One within 30 days. 

Plaintiffs’ UNOPPOSED motion to compel DEFENDANT TREVOR DAMYAN’s further responses to Plaintiffs’ Request for Production, Set One is GRANTED.  DEFENDANT TREVOR DAMYAN is ordered to serve verified, code compliant further responses, without objections – except as to attorney client privilege, to Request for Production, Set One within 30 days.  Damyan is to simultaneously provide a privilege log specifically identifying any documents withheld based on attorney client privilege/work product and enough information to clearly denote that the respective withheld document is subject to attorney client/work product privilege.  (CCP § 2031.240(b).)

Plaintiffs’ UNOPPOSED motion to compel DEFENDANT TREVOR DAMYAN to produce documents in compliance with Damyan’s response to Plaintiffs’ Request for Production, Set One is GRANTED.  DEFENDANT TREVOR DAMYAN is ordered to produce the documents compliant with the above ordered further response within 35 days.

As DEFENDANT TREVOR DAMYAN failed to provide code compliant responses and has asserted unsubstantiated objections, sanctions are warranted.  However, the amount of sanctions requested is excesses given that DEFENDANT TREVOR DAMYAN failed to oppose the instant motions such that no time spent on a reply would be warranted.

Pursuant to the consolidated request for sanctions, DEFENDANT TREVOR DAMYAN is ordered to pay sanctions to Plaintiffs by and through counsel of record, in the amount of $3,000.00, within 30 days.

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