Judge: Joel L. Lofton, Case: 22BBCV00137, Date: 2023-03-15 Tentative Ruling

Case Number: 22BBCV00137    Hearing Date: March 15, 2023    Dept: X

   Tentative Ruling

Judge Joel L. Lofton, Department X

HEARING DATE:     March 15, 2023                                   TRIAL DATE: No date set.

CASE:                         PAMELA LETT, an individual; DIANNE CHAVEZ, an individual, v. HAMLET YARIJANIAN, an individual; and DOES 1 to 10, inclusive.   

CASE NO.:                 22BBCV00137 

MOTION TO COMPEL DISCOVERY RESPONSES

MOTION TO DEEM ADMITTED

MOVING PARTY:               Defendant Hamlet Yarijanian

RESPONDING PARTY:      No response filed.

SERVICE:                              Filed January 31, 2023

RELIEF REQUESTED

            Defendant moves for an order compelling Plaintiff Pamela Lett to respond to form interrogatories and requests for the production of documents.

            Defendant moves to deem the truth of the matters asserted in his requests for admissions (“RFA”) admitted.

BACKGROUND

This case arises out of Plaintiffs Pamela Lett (“Lett”) and Dianne Chavez’s (“Chavez”) respective leases of a portion of the residential property owned by Defendant Hamlet Yarijanian (“Defendant”) located at 1773 N. Oxford Avenue, Pasadena, California (“Property”). Plaintiffs allege the Property suffered from defects, including a lack of railing on the stairs, electrical issues, and lack of heating and hot water. Plaintiffs also allege that the Property was not up to code. Chaves also alleges that her daughter was shocked as a result of the faulty electrical wiring.  

 Plaintiffs filed this complaint on March 1, 2022, alleging nine cause of action for (1) breach of contract, (2) breach of the implied warranty of habitability, (3) breach of the implied covenant of quiet use and enjoyment, (4) negligence, (5) constructive eviction, (6) intentional infliction of emotional distress, (7) fraud, (8) violation of LACC, and (9) Unruh Civil Rights Act.  

TENTATIVE RULING

            Defendant’s motion to compel a response to his form interrogatories and requests to produce documents is GRANTED.

            Lett is ordered to respond to Defendant’s form interrogatories and requests to produce documents within 10 days of notice of this ruling.

            Defendant’s motion to deem the truth of the matters asserted in his RFAs admitted is conditionally GRANTED unless Lett provides verified responses within 10 days.

             Moving party to give notice.

LEGAL STANDARD

If a party to whom interrogatories are directed fails to serve a timely response, the party propounding the interrogatories may move for an order compelling a response to the interrogatories. (Code Civ. Proc. section 2030.290, subd. (b).) The same applies to a party that fails to respond to a request for document production. (Code Civ. Proc. section 2031.300, subd. (b).) 

Code of Civil Procedure section 2033.280, subdivision (b), provides that if a party fails to respond to a request for admission, “[t]he requesting party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted”. 

DISCUSSION

             Defendant provides that on December 1, 2022, he served form interrogatories, requests to produce documents, and requests for admissions on Lett. (Bowen Decl. ¶ 2.) Defendant provides that on December 23, 2022, Plaintiff’s counsel requests a 30-day extension to respond. (Id. ¶ 4.) Defendant provides that on January 30, 2023, Plaintiff’s counsel stated he would be unable to meet the discovery production deadline. (Id. ¶ 4.) Defendant provides that as of January 31, 2023, he did not receive discovery responses. (Id. ¶ 5.)

            Defendant has established that he served Lett with discovery responses, but Lett failed to respond.

CONCLUSION

            Defendant’s motion to compel a response to his form interrogatories and requests to produce documents is GRANTED.

            Lett is ordered to respond to Defendant’s form interrogatories and requests to produce documents within 10 days of notice of this ruling.

            Defendant’s motion to deem the truth of the matters asserted in his RFAs admitted is conditionally GRANTED unless Lett provides verified responses within 10 days.

             Moving party to give notice.

Dated:   March 15, 2023                                             ___________________________________

                                                                                    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