Judge: Jon R. Takasugi, Case: 20STCV10460, Date: 2023-01-10 Tentative Ruling

Case Number: 20STCV10460    Hearing Date: January 10, 2023    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Plaintiff’s motions to compel discovery responses are GRANTED. Defendants are each sanctioned, jointly and severally, $350 per motion, for a total of $2,450.00. Responses are due within 14 days.

On 3/16/2020, Plaintiff Touraj “T.J.” Houshmandzadeh (Plaintiff) filed suit against Damien Marzett, Marzett Investments, Inc., John T. Weigman, Pro Consulting Group, LLC, Platinum Residential Realty, LLC, Platinum Commercial Real Estate, LLC (collectively, Defendants), alleging: (1) breach of contract; (2) fraud—intentional misrepresentation; (3) fraud—negligent misrepresentation; (4) fraud—promise without intent to perform; (5) money had and received; (6) promissory estoppel; and (7) unfair competition.

Now, Plaintiff moves to compel responses to the following discovery:

-         Defendant John T. Weigman:

o   Form Interrogatories (Set One)

o   Requests for Production (RFPs) (Set One)

o   Requests for Admission (RFAs) (Set One)

o   Special Interrogatories (Set One)

-         Defendant Damien Marzett

o   RFPs (Set One)

o   Special Interrogatories (Set One)

o   RFAs (Set One)

o   Form Interrogatories (Set One)

The motions are unopposed.

Discussion

            Plaintiff served the subject discovery on 9/16/2022. Despite responses being due on or before 10/16/2022, neither Defendant nor Defendants’ counsel responded to the requests or sought an extension. No responses have been received to date, and Defendants did not oppose this motion.

            Given their failure to oppose this motion, Defendants have not set forth substantial justification for their failure to comply with their discovery obligations. Accordingly, sanctions are warranted.

            Based on the foregoing, Plaintiff’s motions to compel discovery responses are granted. Defendants are each sanctioned, jointly and severally, $350 per motion, for a total of $2,450.00.

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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