Judge: Holly J. Fujie, Case: 22STCV09671, Date: 2023-03-06 Tentative Ruling

DEPARTMENT 56 JUDGE HOLLY J. FUJIE, LAW AND MOTION RULINGS. The court makes every effort to post tentative rulings by 5.00 pm of the court day before the hearing. The tentative ruling will not become the final ruling until the hearing [see CRC 3.1308(a)(2)], and are also available in the courtroom on the day of the hearing [see CRC 3.1308(b)]. If the parties wish to submit on the tentative ruling and avoid a court appearance, all counsel must agree and choose which counsel will give notice. That counsel must 1) call Dept 56 by 8:30 a.m. on the day of the hearing (213/633-0656) and state that all parties will submit on the tentative ruling, and 2) serve notice of the ruling on all parties. If any party declines to submit on the tentative ruling, then no telephone call is necessary and all parties should appear at the hearing in person or by Court Call. Court reporters are not provided, and parties who want a record of motions and other proceedings must hire a privately retained certified court reporter.

Case Number: 22STCV09671    Hearing Date: March 6, 2023    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MOVING PARTY: Plaintiff

The Court has reviewed 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 under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b).

BACKGROUND

Plaintiff’s complaint (the “Complaint”) alleges: (1) breach of leases; (2) breach of guaranties; (3) claim and delivery; and (4) conversion.  On January 23, 2023, Plaintiff filed: (1) a motion to compel responses to its Form Interrogatories, Set One propounded on Defendant Utomo Tani (“Tani”) (the “Tani Motion”) and (2) a motion to compel responses to its Form Interrogatories, Set One propounded on Defendant Yongsook Kim (“Kim”) (the “Kim Motion”) (collectively, the “Motions”).

DISCUSSION

            Under CCP section 2030.290, subdivision (b), when a party directs interrogatories towards a party and that party fails to serve a timely response, the party propounding the interrogatories may move for an order compelling response to the interrogatories.  (CCP § 2030.290, subd. (b).)  The moving party need only show that the interrogatories were served on the opposing party, the time has expired to respond to the interrogatories and no responses have been served in order for the court to compel the opposing party to respond.  (Leach v. Superior Court (1980) 111 Cal.App.3d 902, 906.) 

            On June 15, 2022, Plaintiff propounded the discovery at issue in the Motions on Tani and Kim.  (See Declaration of Andrew K. Alper (“Alper Decl.”) ¶ 3.)[1]  At the time the Motions were filed, neither Tani nor Kim had provided responses.  (Alper Decl. ¶ 5.)  

As they are unopposed, the Court GRANTS the Motions.  (Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410.)  Tani and Kim are ordered to submit responses within 20 days of this order.

Monetary Sanctions

            Plaintiff requests sanctions in the amount of $2,815 per Motion.  This amount represents: (1) two hours preparing the moving papers at a rate of $407 per hour and one hour finalizing the moving papers at a rate of $535 per hour; (2) an anticipated one hour drafting reply papers and one hour attending the hearing at a rate of $535 per hour; and (3) a $60 filing fee.  (Simonian Decl. ¶ 10.) 

The Court exercises its discretion and awards Plaintiff sanctions in the reasonable amount of $1,469, which represents two hours drafting the Motions collectively at an hourly rate of $407 per hour, one hour finalizing the Motions at an hourly rate of $535 per hour, and $120 total in filing fees.  (Moran v. Oso Valley Greenbelt Assn. (2004) 117 Cal.App.4th 1029, 1034.)  Tani and Kim are ordered to pay this amount within 20 days of this order.

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 March 2023