Judge: Holly J. Fujie, Case: 21STCV14481, Date: 2022-10-06 Tentative Ruling

Case Number: 21STCV14481    Hearing Date: October 6, 2022    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MOVING PARTY: Plaintiff

The Court has considered the moving papers.  No opposition papers were filed.  Any opposition papers were required to have been filed and served at least nine court days before the hearing pursuant to California Code of Civil Procedure (“CCP”) section 1005, subdivision (b).

BACKGROUND

            This action arises out of a dispute concerning real property.  Plaintiff filed five discovery motions: (1) a motion to compel further responses to special interrogatories, set 2 (the “SPROG 2 Motion”); (2) a motion to compel further responses to special interrogatories, set 3 (the “SPROG 3 Motion”); (3) a motion to compel responses to special interrogatories, set 4 (the “SPROG 4 Motion”); (4) a motion to compel further deposition answers and production of documents (the “Deposition Motion”); and (5) a motion to compel further responses to document demands (the “Document Demand Motion”) (collectively, the “Motions”).  The Motions each concern the discovery responses of Defendant David Davidyan (“Davidyan”).  The Motions are all unopposed. 

DISCUSSION

Under CCP section 2017.010, any party may obtain discovery regarding any matter not privileged, that is relevant to the subject matter involved in the pending action or to the determination of any motion made in that action, if the matter either itself is admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence.  Discovery may relate to the claim or defense of the party seeking discovery or of any other party to the action.  For discovery purposes, information is relevant if it might reasonably assist a party in evaluating the case, preparing for trial, or facilitating settlement.  (Gonzalez v. Superior Court (1995) 33 Cal.App.4th 1539, 1546, emphasis in original.)  Discovery rules are applied liberally in favor of discovery.  (Id.) 

            As they are unopposed, the Court GRANTS the Motions.  Davidyan is ordered to serve Plaintiff with discovery responses within 20 days of this order.

Monetary Sanctions

In connection to the Motions, Plaintiff seeks monetary sanctions in the total amount of $11,465.  This amount represents: (1) 3.3 hours of work at an hourly rate of $925 per hour on the SPROG 2 Motion; (2) $647.50 for work performed on the SPROG 3 Motion; (3) two hours of work at $875 per hour and 0.4 hours of work at an hourly rate of $925 per hour on the SPROG 4 Motion; (4)  $4,812.50 for 5.5 hours of work at an hourly rate of $875 per hour on the Deposition Motion; and 5) $832 in sanctions in connection to the Document Demand Motion.  (See Declarations of Carolyn A. Barnes and David Pallack.)[1]  In connection to the Deposition Motion, Plaintiff also requests that Davidyan bear the costs for the court reporter and videographer at Davidyan’s second deposition.  (Barnes Decl. ¶ 4.)

The Court exercises its discretion and awards sanctions against Davidyan in the reasonable amount of $3,550, which represents one hour of work by at an hourly rate of $925 per hour and three hours of work at an hourly rate of $875 per hour.  (Cornerstone Realty Advisors, LLC v. Summit Healthcare Reit, Inc. (2020) 56 Cal.App.5th 771.)  Monetary sanctions are to be paid by Defendant to Plaintiff within 20 days of the date of this order.  Davidyan is further ordered to pay the court reporter and videographer fees at his continued deposition.

Moving party is ordered to give notice of this ruling.

In consideration of the current COVID-19 pandemic situation, the Court¿strongly¿encourages that appearances on all proceedings, including this one, be made by LACourtConnect if the parties do not submit on the tentative.¿¿If you instead intend to make an appearance in person at Court on this matter, you must send an email by 2 p.m. on the last Court day before the scheduled date of the hearing to¿SMC_DEPT56@lacourt.org¿stating your intention to appear in person.¿ The Court will then inform you by close of business that day of the time your hearing will be held. The time set for the hearing may be at any time during that scheduled hearing day, or it may be necessary to schedule the hearing for another date if the Court is unable to accommodate all personal appearances set on that date.¿ This rule is necessary to ensure that adequate precautions can be taken for proper social distancing.  

Parties who intend to submit on this tentative must send an email to the Court at SMC_DEPT56@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar. 

  Dated this 6th day of October 2022