Judge: John J. Kralik, Case: 23BBCV01226, Date: 2023-12-01 Tentative Ruling

Case Number: 23BBCV01226    Hearing Date: April 5, 2024    Dept: NCB

Superior Court of California

County of Los Angeles

North Central District

Department B

There are 4 discovery motions on calendar.  On February 6, 2024, Plaintiff Nicharaporn Chantraramat (“Plaintiff”) filed 2 motions to compel supplemental responses from Defendant Artur Hovespyan (“Hovespyan”) for supplemental interrogatories and supplemental requests for production of documents (“RPD”).  On February 6, 2024, Plaintiff filed 2 motions to compel supplemental responses from Defendant Knarik Margaryan (“Margaryan”) for supplemental interrogatories and supplemental RPDs.

On October 24, 2023, Plaintiff served on Defendant the supplemental discovery requests.  On December 13, 2023, Plaintiff’s counsel served a letter to Defendants advising them that Plaintiff had not received verified responses to the supplemental discovery, which were due by November 28, 2023.  On December 28, 2023, Defendants served unverified responses to the supplemental discovery requests.  (Motions at Ex. 3.) 

On March 25, 2024, Defendants filed an untimely opposition brief.  Defendants request the forgiveness of Plaintiff’s counsel and the Court for the failure to provide verifications on the basis that the clients/Defendants do not understand the importance of returning discovery verifications despite efforts of counsel.  Defense counsel also argues that there is a language gap as Defendants’ primary language is Armenian and not English, and that counsel has been attempting to communicate with Defendants for four months to obtain the verifications.  Counsel states that once the verifications are received, they will forward the verifications immediately to counsel. 

On March 28, 2024, Plaintiff filed a reply brief, stating that he has received Defendants’ signed verifications, such that the motions are substantively moot and that the only issue remaining is sanctions.  Plaintiff argues that there was nearly a 5-month delay in Defendants providing responses and that Defendant would not have served verifications but for Plaintiff filing these motions. 

Plaintiff requests sanctions against Defendants in the amount of $1,561.65 for each motion.  The requests are granted but in the reduced amount of $375 in attorney’s fees and $61.65 in filing fees per motion.  Defendant Artur Hovespyan and his counsel of record, jointly and severally, are ordered to pay monetary sanctions in the total amount of $873.30 to Plaintiff, by and through counsel, within 20 days of notice of this order for the two motions directed against Hovespyan.  Similarly, Knarik Margaryan and his counsel of record, jointly and severally, are ordered to pay monetary sanctions in the total amount of $873.30 to Plaintiff, by and through counsel, within 20 days of notice of this order for the two motions directed against Margaryan.