Judge: Gregory Keosian, Case: 21STCV28205, Date: 2023-04-13 Tentative Ruling

Case Number: 21STCV28205    Hearing Date: April 13, 2023    Dept: 61

Defendants Saral Amarnani and Narendra Amarnani’s Motion to Compel Responses to Form Interrogatories, Special Interrogatories, Set One, and Requests for Production, Sets One and Two, from Plaintiff Jason Nakatani is GRANTED. Sanctions are awarded against Plaintiff and his counsel in the amount of $1,344.15.

I.                   MOTION TO COMPEL

A propounding party may demand a responding party to produce documents that are in their possession, custody or control. (Code Civ. Proc., § 2031.010.) A party may likewise conduct discovery by propounding interrogatories to another party to be answered under oath. (Code Civ. Proc. § 2030.010, subd. (a).) The responding party must respond to the production demand either by complying, by representing that the party lacks the ability to comply, or by objecting to the demand. (Code Civ. Proc., § 2031.210.) The responding party must respond to the interrogatories by answering or objecting. (Code Civ. Proc. § 2030.210, subd. (a).) If the responding party fails to serve timely responses, the propounding party may move for an order compelling responses to the production demand and interrogatories. (Code Civ. Proc., §§ 2030.290, 2031.300.)

A party who fails to serve a timely response to interrogatories or a demand for inspection waives any objection to the demand. (Code Civ. Proc., §§ 2030.290, 2031.300.)

Defendants Saral Amarnani and Narendra Amarnani served Form Interrogatories and Requests for Production, Set One, upon Plaintiff Jason Nakatani on March 9, 2022. (Dang Decl. ¶ 3.) Defendants served Special Interrogatories, Set One, and Requests for Production, Set Two, on December 15, 2022. (Dang Decl. ¶ 5.) No responses have been provided, despite the efforts of Defendants to meet and confer. (Dang Decl. ¶¶ 4, 7.)

If responses are not provided by the date of hearing on this motion, the motion shall be GRANTED.

II.    SANCTIONS

The prevailing party on a motion to compel is generally entitled to monetary sanctions, 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.” (Code Civ. Proc. §§ 2030.290, 2031.300.) Sanctions are also mandatory against a party whose failure to serve responses to requests for admission makes the motion necessary. (Code Civ. Proc. § 2033.280, subd. (c).)

Defendants seek $1,344.15 in sanctions, representing 5.7 hours of attorney work at $225 per hour, plus $61.65 in filing fees. (Dang Decl. ¶¶ 9–10.) Sanctions are awarded against Plaintiff and his counsel in the amount of $1,344.15.

Defendants to give notice.