Judge: Jon R. Takasugi, Case: 19STCV42388, Date: 2023-01-26 Tentative Ruling

Case Number: 19STCV42388    Hearing Date: January 26, 2023    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Ara’s motion to compel further responses is GRANTED. Vahram is sanctioned, jointly and severally with counsel, $1,050.00.

On 11/25/2019, Plaintiffs Vahram (Vahram) and Ara Sevacherian (Ara) (collectively, Plaintiffs) initiated this action. On 12/6/2019, Plaintiffs filed a first amended complaint (FAC) against Khosrov Madenjian, trustee of the Madenjian Family Trust (Defendant), seeking partition.

Now, Ara moves to compel further responses to his Requests for Production (RFPs) from Vahram. Ara also seeks monetary sanctions.

Discussion

            Ara argues he is entitled to further RFP responses from Vahram in his capacity as Trustee of the Knarik Sevacherian Living Trust, and that Vahram’s responses to the RFPs in his individual capacity improperly consist solely of boilerplate objections.

            The Court agrees.

            This case is a partition action. As such, an accounting of the income and expenses of the properties is a necessary and integral part. (Wallace v. Daley (1990) 220 Cal.App.3d 1028, 1035 [“Every partition action includes a final accounting according to the principles of equity for both charges and credits upon each cotenant’s interest.”]; CCP § 872.140 [“The court may, in all cases, order allowance, accounting, contribution, or other compensatory adjustment among the parties according to the principles of equity.”]

Given that the RFPs seek production of documents reflecting the income and expenses of the subject properties, they are directly relevant to this action.

            In opposition, Vagram argues that Ara’s claim that an accounting is necessary is unsupported: “As is noted, above, there is no allegation in the First Amended Complaint of any entitlement to an accounting or of any issue that requires an accounting; and there is no prayer for relief seeking an accounting. Likewise, Madenjian’s Answer presents no allegation of fact that would provoke his entitlement to an accounting in this case.” (Opp., 4: 19-22.)

            However, as noted by Ara in reply, Defendant Madenjian has requested an accounting by way of affirmative defense in his answer on file in this action. (Rudolph Decl. ¶ 8.) Therefore, the operative pleadings include an express request for an accounting.

            In opposition, Vahram also asserts that he responded to the RFPs both in his individual capacity and as Trustee. However, as noted by Ara, only George Rudolph, the attorney representing Vahram individually, has served a response.

            Based on the foregoing, Ara’s motion to compel further responses is granted. To the extent that privileged communications are implicated, Vahram must submit a privilege log. Vahram is sanctioned, jointly and severally with counsel, $1,050.00. ($350/hr x 3.)

It is so ordered.

Dated:  January    , 2023

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. 

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