Judge: Jon R. Takasugi, Case: 19STCV42388, Date: 2023-08-24 Tentative Ruling

Case Number: 19STCV42388    Hearing Date: August 24, 2023    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

            Ara Sevacherian’s motion for sanctions is DENIED.  

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 for sanctions against Defendant Khosrov Madenjian (Defendant) totaling $8,611.65 ($7,211.65 + $1,400.) 

Discussion

            Ara seeks sanctions based on Defendant’s non-compliance with the Court’s 4/25/2023 Order, which directed Defendant to respond by 6/9/2023 without objection to Ara’s Form Interrogatories, produce all documents responsive to Ara’s Requests for Production (RFP), and pay sanctions totaling $1,400.

            In the course of this litigation, Defendants passed away. Due to complications involving receipt of death certificates needed for the appointment of a successor in interest, Defendants were unable to continue participation in this lawsuit.  As such, the Court’s order cannot be complied with, and Defendants’ failure to respond is not an act of willful noncompliance. Under the circumstances, sanctions are not appropriately awarded at this time.

Based on the foregoing, Ara’s motion for sanctions is denied.

It is so ordered.

Dated:  August    , 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.  For more information, please contact the court clerk at (213) 633-0517.