Judge: Gary I. Micon, Case: 23CHCV03402, Date: 2024-11-22 Tentative Ruling
Case Number: 23CHCV03402 Hearing Date: November 22, 2024 Dept: F43
Dept. F43
Date: 11-22-24
Case # 23CHCV03402, Cole v. Pogosyan, et al.
Trial
Date: 06-08-26
MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES
(SET ONE)
MOVING
PARTY: Defendant Sergey Pogosyan
RESPONDING
PARTY: None.
RELIEF
REQUESTED
Plaintiff’s
code-compliant responses to Form Interrogatories, Set One and sanctions.
RULING: Motion is granted.
SUMMARY
OF ACTION
On
May 14, 2024, defendant Sergey Pogosyan served plaintiff Leonard Allen Cole
with Form Interrogatories, Set One. Cole’s responses were due on June 17, 2024.
On June 14, 2024, Cole requested a
30-day extension to July 15, 2024, which Pogosyan granted. On July 15, 2024,
Cole requested another 30-day extension to August 14, 2024, which Pogosyan
again granted. On August 14, 2024,
Cole’s counsel emailed Pogosyan’s counsel requesting an extension to August 30,
2024. Cole’s counsel had just returned
to the office from being out three weeks due to COVID-19. Pogosyan’s counsel granted the
extension. Cole has yet to serve
responses.
Pogosyan
filed this motion on October 8, 2024 and argues that the Court should compel
Cole’s responses because Cole received three extensions, Cole has not served
responses, and the information Pogosyan seeks is relevant to the resolution of
this case.
Pogosyan
seeks $1,320.00 in sanctions against Cole and his counsel.
Cole
does not oppose this motion.
ANALYSIS
A
propounding party may move to compel responses to form interrogatories where
the responding party fails to provide any responses. (Code Civ. Proc., § 2030.290,
subd. (b).) The propounding party must
show the interrogatories were properly served, that the time to respond
expired, and no response has been served. (Leach v. Superior Court (1980)
111 Cal.App.3d 902, 905-906.) The
responding party must serve responses within 30 days after the interrogatories are
served or according to an agreed upon deadline extension. (Code Civ. Proc., § 2030.270.) Failing to respond within these time limits
waives objections. (Code Civ. Proc., §
2030.290, subd. (a).)
Here,
Cole did not comply with the three extensions Pogosyan granted and has yet to
serve any responses.
Accordingly, Cole must
provide code-compliant, objection-free responses to each individual form
interrogatory.
Sanctions
The Court may issue sanctions against any party who “unsuccessfully
makes or opposes a motion to compel responses to interrogatories 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.” (Code Civ. Proc., § 2030.290,
subd. (c).)
Pogosyan requests sanctions in the amount of
$1,320.00 against Cole and Cole’s counsel. Pogosyan’s counsel charges an hourly
rate of $240.00. (Declaration of Tyler
M. Ross, ¶ 8.) The request includes the following: (1) 2.5
hours preparing this motion and another motion to compel responses ($600.00);
(2) 1 hour drafting reply briefs ($240.00); and (3) 2 hours preparing for and
attending the hearing on the motions ($480.00). (Ibid.)
The Court finds the hourly rate reasonable, but the
time spent on this motion is unreasonable. No reply brief was filed, this motion is
virtually identical to a separate discovery motion Pogosyan filed, and the
issues are not complex.
Accordingly, the Court grants Pogosyan’s request in
the reduced amount of $360.00: (1) 1 hour preparing this motion; and (2) 0.5
hours for hearing prep and attending the hearing.
ORDER
1.
Defendant Sergey Pogosyan’s motion to
compel responses to Form Interrogatories, Set One is granted.
2.
Plaintiff Leonard Allen Cole is ordered
to serve responses within twenty (20) days.
3.
Plaintiff and Plaintiff’s counsel of
record are ordered to pay sanctions in total amount of $360.00. Plaintiff and Plaintiff’s counsel are ordered
to pay these sanctions to Defendant’s counsel within twenty (20) days.
Moving
party to give notice.