Judge: Jill Feeney, Case: 19STCV24997, Date: 2023-07-11 Tentative Ruling
Case Number: 19STCV24997 Hearing Date: July 11, 2023 Dept: 78
Superior Court of California
County of Los Angeles
Department 78
MEHDI HAERIKHORSHID, et al.
Plaintiffs,
vs.
MARTY MEHDI FADAEI, et al.,
Defendants. Case No.: 19STCV24997
Hearing Date: July 11, 2023
[TENTATIVE] RULING RE:
DEFENDANT PICKFORD REAL ESTATE INC.’S MOTION TO COMPEL RESPONSE TO INTERROGATORIES; DEFENDANT PICKFORD REAL ESTATE INC.’S MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED; DEFENDANT PICKFORD REAL ESTATE INC.’S REQUEST FOR MONETARY SANCTIONS
Defendant Pickford Real Estate, Inc.’s Motion to Deem Requests for Admission Admitted is GRANTED.
Defendant Pickford Real Estate, Inc.’s Motion to Compel Responses to Interrogatories is GRANTED. The responses are due within 20 days after the date of this order.
Defendant Pickford Real Estate, Inc.’s Request for Monetary Sanctions is GRANTED in the amount of $1,213.65 against Plaintiffs Mehdi Haerikhorshid and Leila Haeri ONLY. The sanctions are payable within 20 days after the date of this order.
Moving party to provide notice and to file proof of service of such notice within five days after the date of this order.
FACTUAL BACKGROUND
This is an action alleging breach of fiduciary duties. The operative First Amended Complaint (“FAC”) alleges as follows.
In April 2018, Plaintiffs Mehdi Haerikhorshid (“Haerikhorshid”) and Leila Haeri (“Haeri, and with Haerikhorshid, “Plaintiffs”) were convinced to make an offer on residential property by their real estate agent, Defendant Mary Medhi Fadaei (“Fadaei”). (FAC ¶ 16.) The property was listed by defendants Pickford Real Estate, Inc., dba Berkshire Hathaway Homeservices California (“Berkshire”) and Ken Begey (“Begey”) who made various representations about the property. (FAC ¶¶ 14-15.) Plaintiffs entered into a purchase agreement but were unable to secure a loan, so Fadaei secured them a hard money loan, the terms of which were not translated and disclosed to Plaintiffs. (FAC ¶¶ 19-20.) After closing, Plaintiffs learned that many representations of Berkshire, Begey, and the seller were false, and Plaintiffs defaulted on the loan that matured in August 2019. (FAC ¶¶ 25-26.)
PROCEDURAL HISTORY
On July 18, 2019, Plaintiffs filed the Complaint asserting seven causes of action:
1. Breach of Fiduciary Duties;
2. Professional Negligence;
3. Fraud;
4. Negligent Misrepresentation;
5. Breach of Contract;
6. Quiet Title; and,
7. Declaratory Relief.
On January 26, 2021, Plaintiffs filed the FAC, removing the Quiet Title cause of action.
On February 16, 2023, defendant Pickford Real Estate Inc. filed the instant Motion to Compel Responses to Interrogatories and Motion to Deem Requests for Admission Admitted.
On April 6, 2023, Plaintiffs’ Counsel Majid Safaie was relieved as counsel.
No Opposition has been filed.
DISCUSSION
Defendant Pickford Real Estate, Inc. (“Pickford”) moves to deem its requests for admission admitted, and to compel Plaintiffs Mehdi Haerikhorshid and Leila Haeri’s responses to interrogatories.
As to the requests for admission, responses to requests for admission are due within thirty days from the date the propounding party serves the requests. (CCP § 2033.250.) Failure to timely respond to requests for admission results in waiver of all objections to the requests, including claims of privilege or work product protection. (CCP § 2033.280(a).) The propounding party of requests for admission may move for an order that “the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction.” (CCP § 2033.280(b).)
As to interrogatories, the propounding party may move for an order compelling responses and monetary sanctions if a party to whom the interrogatories are directed fails to respond. (CCP §§ 2030.290, 2030.300; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 404.) Responses to interrogatories are due within thirty days from the date of service of the interrogatories. (CCP §§ 2030.260(a), 2016.050.) The responding party waives any objections to the interrogatories by failing to serve responses in a timely manner. (CCP § 2030.290(a).)
Here, Pickford served Plaintiffs with Pickford’s Requests for Admission, Set One, and Special Interrogatories, Set Two, on October 6, 2022. (Obrand Decl. ¶ 2.) Responses were due by November 10, 2022, but Pickford granted Plaintiffs several extensions pursuant to Plaintiffs’ requests. (Id. ¶¶ 3-5.) The last of these extensions was for February 10, 2023. (Id. ¶ 6.) Plaintiffs’ responses remain outstanding. (Ibid.)
Accordingly, defendant Pickford Real Estate, Inc.’s Motion to Compel Responses to Interrogatories and Motion to Deem Requests for Admission as to plaintiffs Mehdi Haerikhorshid and Leila Haeri are GRANTED.
Monetary sanctions are mandatory under Code of Civil Procedure section 2030.290(c). Here, Pickford seeks monetary sanctions in the amount of $1513.65. This number represents 2.84 hours of attorney time billed at $300 an hour, 2 hours in anticipated attorney time to reply and appear at hearing, and the $61.65 filing fee.
The Court finds the hourly rate and the hours expended reasonable. However, as no Opposition has been filed, the Court deducts one hour from the total as Pickford did not draft a Reply.
Finally, the Court notes that Pickford seeks monetary sanctions against Plaintiffs and Plaintiffs’ Counsel. However, Plaintiffs’ Counsel has been relieved from representation. In the declaration supporting the motion to be relieved, Plaintiffs’ Counsel stated that despite Plaintiffs’ Counsel’s efforts, Plaintiffs have been non-responsive in response to discovery obligations.
Accordingly, the Court finds that sanctions are warranted against Plaintiffs Plaintiffs Mehdi Haerikhorshid and Leila Haeri ONLY.
Defendant Pickford Real Estate, Inc.’s Request for Monetary Sanctions is GRANTED in the amount of $1,213.65 against Plaintiffs only.
DATED: July 11, 2023
____________________________
Hon. Jill Feeney
Judge of the Superior Court
