Judge: John J. Kralik, Case: 23BBCV01563, Date: 2024-07-05 Tentative Ruling
Case Number: 23BBCV01563 Hearing Date: July 5, 2024 Dept: NCB
North
Central District
|
houman fatehi, Plaintiff. v. hugo k. varela, Defendant. |
Case
No.: 23BBCV01563 Hearing Date: July 5, 2024 [TENTATIVE]
order RE: motions to compel discovery responses; requests for sanctions |
On June 6, 2024,
Defendant Hugo K. Varela (“Defendant”) filed 2 motions to compel initial responses
from Plaintiff Houman Fatehi (“Plaintiff”) for: (1) Form Interrogatories
(“FROG”), set one; and (2) Request for Production of Documents (“RPD”), set
one.
On October 16,
2023, Defendant served on Plaintiff the discovery requests, such that responses
were due by November 20, 2023. Plaintiff
requested and Defendant granted multiple extension such that responses were due
by January 5, 2024. On January 26, 2024,
Plaintiff’s counsel provided “Draft” response to the FROG and unverified RPD
responses, and stated that he planned to provide “verifications” by the
following week. Defense counsel then
sent follow-up emails and tried to meet and confer about verified responses. As of the filing of the motions, Defendant states
that it has not received responses from Plaintiff.
On June 21, 2024, Plaintiff filed
opposition briefs. Plaintiff states that
he served complete, verified responses on defense counsel on June 20, 2024,
such that the motions are now moot and the only remaining issue is
sanctions.
Defendant’s motions to compel responses to
the FROG and RPD are denied as moot, in light of Plaintiff’s service of
verified responses.
Defendant
requests sanctions against Plaintiff and his attorney in the amount of $1,235 for
the FROG motion and $1,000 for the RPD motion. Plaintiff argues that because the responses he
initially served on February 5, 2024 (without verifications) were essentially
identical to the ones served on June 20, 2024, the Court should relieve
Plaintiff from the waiver of objections and impose only nominal sanctions or an
admonishment. At this time, the Court
declines to grant Plaintiff’s request for a waiver from providing objections as
Plaintiff has not separately filed a noticed motion for such relief. The Court is hopeful that the objections will
not be material in this case. The Court will impose sanctions against Plaintiff
and Plaintiff’s counsel in the reasonable sum of $500, plus $120 in filing fees. Although Plaintiff ultimately provided responses
and verifications prior to the hearing on this matter, Plaintiff’s initial
responses were not code compliant as they were not verified and unverified
responses are tantamount to no responses at all. Plaintiff and his counsel
of record, jointly and severally, are ordered to pay monetary sanctions in the
amount of $1,120 to Defendant, by and through counsel, within 20 days of notice
of this order.
Defendant shall provide
notice of this order.
DATED: July 5, 2024 ___________________________
John
J. Kralik
Judge
of the Superior Court