Judge Holly J. Fujie, Case Number: 21STCV42769, Date: 2024-05-07 Tentative Ruling

The Court has considered the moving papers. No opposition has been filed as of May 3, 2024.

This is a contractual fraud case. On November 19, 2021, Plaintiffs Amir Sayed Moemen, Junjun Li, and Lino Sanchez filed a Complaint against Defendants Jorge Vargas, JMG Logistics, Inc. and Does 1 through 20. The Complaint alleges six causes of action.

Where a party fails to serve timely responses to discovery requests, the court may make an order compelling responses. (Code Civ. Proc., §§ 2030.290, 2031.300; Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 403.) A party that fails to serve timely responses waives any objections to the request, including ones based on privilege or the protection of attorney work product.¿ (Code Civ. Proc., §§ 2030.290, subd. (a), 2031.300, subd. (a).)¿ Unlike a motion to compel further responses, a motion to compel responses is not subject to a 45-day time limit and the propounding party has no meet and confer obligations.¿(Sinaiko Healthcare Consulting, Inc., supra, 148 Cal.App.4th at p. 404.)¿

If a party to whom interrogatories and inspection demands were directed fails to serve a timely response, the propounding party may move for an order to compel responses without objections. (Code Civ. Proc., §§ 2030.290, subd. (b), 2031.300, subd. (b).) Moreover, failure to timely serve responses waives objections to the requests. (Code Civ. Proc., §§ 2030.280, subd. (a), 2030.290, subd. (a), 2031.300, subd. (a).)

On October 3, 2023, Plaintiff served Form Interrogatories, Set Two upon Defendant Jorge Vargas. (Ritholz Decl. ¶ 2; Ex. A.) Plaintiff’s counsel states that “on multiple occasions [he] spoke with Defendants' counsel on the telephone and communicated by email advising that responses to discovery were past due [and] advised that if responses were not provided a Motion to compel would be filed. (Id. at ¶ 4.) Defendant Vargas has not responded to Plaintiff’s Form Interrogatories, Set Two. (Id. at 2.)

Therefore, the Court grants Plaintiff’s Motion to Compel Defendant Vargas’ Responses to Form Interrogatories, Set Two.

On October 3, 2023, Plaintiff served Requests for Production on Defendants Jorge Vargas and JMG Logistics, Inc. (Id. at ¶ 3.) Plaintiff’s counsel states that “on multiple occasions [he] spoke with Defendants' counsel on the telephone and communicated by email advising that responses to discovery were past due [and] advised that if responses were not provided a Motion to compel would be filed. (Id. at ¶ 4.) To date, Defendants Vargas or JMG Logistics, Inc. did not respond to the discovery requests. (Id. at ¶ 5.)

Therefore, the Court grants Plaintiff’s Motion to Compel Defendants Vargas and JMG Logistics’ Responses to Requests for Production.

Plaintiff seeks sanctions in the amount of $1,667.50 against all Defendants and their counsel, Oscar Acevedo.

Under Section 2023.030 of the California Code of Civil Procedure, and to "the extent authorized by the chapter governing any particular discovery method or any other provision of this title, the court, after notice to any affected party, person or attorney, and after opportunity for hearing may impose . . . sanctions against anyone engaging in conduct that is a misuse of the discovery process .... " C.C.P. § 2023.030. California Code of Civil Procedure Section 2023.010 states: "Misuses of the discovery process include, but are not limited to ... (d) Failing to respond or to submit to an authorized method of discovery.

The Court notes that Plaintiff improperly combined two motions into one. Plaintiff is therefore ordered to pay $60 for the second motion to the Court within 20 days. The Court further orders Defendants and their counsel, jointly and severally, to pay $1,667.50 in sanctions to Plaintiff and his counsel within twenty days of the date of this order.

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.

Hon. Holly J. Fujie

Judge of the Superior Court