Judge: Joel L. Lofton, Case: 22AHCV00428, Date: 2022-10-13 Tentative Ruling

Case Number: 22AHCV00428    Hearing Date: October 13, 2022    Dept: X

   Tentative Ruling

Judge Joel L. Lofton, Department X

HEARING DATE:     October 13, 2022                                TRIAL DATE:  No date set.

CASE:                         DOLLY HWANG, an individual, v. JUDY CHOU WANG, an individual; POD JOHN MICHAEL WANG, an individual; YAYA ADVISOR, LLC, MILKIE/FERGUSON INVESTMENTS INC, and DOES ONE through FIFTY, inclusive.

CASE NO.:                 22AHCV00428

MOTION FOR SANCTIONS

MOVING PARTY:              Plaintiff Dolly Hwang

SERVICE:                              Filed September 8, 2022

RELIEF REQUESTED

            Plaintiff Dolly Hwang moves for sanctions.

BACKGROUND

             This case arises out of Plaintiff Dolly Hwang’s (“Plaintiff”) claim that Defendants Judy Chou Wang (“Judy”) and her son Pod John Michael Wang (“John”) convinced her to invest $200,000 pursuant to a promissory note but failed to pay Plaintiff back under the agreement.

            Plaintiff filed a first amended complaint (“FAC”) on August 3, 2022, alleging seven causes of action for (1) breach of written contract, (2) fraud and intentional misrepresentations, (3) civil conspiracy, (4) elder abuse for damages, (5) intentional infliction of emotional distress, (6) promissory estoppel, and (7) unjust enrichment.

TENTATIVE RULING

            Plaintiff’s motion is denied.

LEGAL STANDARD

            Code of Civil Procedure section 2023.010 provides: “Misuses of the discovery process include, but are not limited to, the following: [¶] (a) Persisting, over objection and without substantial justification, in an attempt to obtain information or materials that are outside the scope of permissible discovery. [¶] (b) Using a discovery method in a manner that does not comply with its specified procedures. [¶] (c) Employing a discovery method in a manner or to an extent that causes unwarranted annoyance, embarrassment, or oppression, or undue burden and expense. [¶] (d) Failing to respond or to submit to an authorized method of discovery. [¶] (e) Making, without substantial justification, an unmeritorious objection to discovery. [¶] (f) Making an evasive response to discovery. [¶] (g) Disobeying a court order to provide discovery. [¶] (h) Making or opposing, unsuccessfully and without substantial justification, a motion to compel or to limit discovery. [¶] (i) Failing to confer in person, by telephone, or by letter with an opposing party or attorney in a reasonable and good faith attempt to resolve informally any dispute concerning discovery, if the section governing a particular discovery motion requires the filing of a declaration stating facts showing that an attempt at informal resolution has been made.”

DISCUSSION

             Plaintiff filed this motion seeking discovery sanctions against Judy. Plaintiff claims that Judy made false representations to Plaintiff’s counsel regarding her response to the FAC and her representation status.

            Plaintiff’s motion is frivolous. Plaintiff’s motion is based on claims that Judy misused the discovery process and requests that this Court order Judy produce documents. (Deng Decl. ¶ 12.) However, Plaintiff fails to explain what discovery she is seeking a response to. Plaintiff fails to explain how Judy misused the discovery process when it appears that discovery has yet to commence in the present case.   Plaintiff requests sanctions but fails to provide any legal or factual basis to entitle her to sanctions.

CONCLUSION

            Plaintiff’s motion is denied.

Dated:   October 13, 2022                               ___________________________________

                                                                                    Joel L. Lofton

                                                                                    Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court indicating their

intention to submit.  Parties intending to appear are strongly encouraged to appear remotely.  alhdeptx@lacourt.org