Judge: Jon R. Takasugi, Case: 21STCV43327, Date: 2022-08-26 Tentative Ruling

Case Number: 21STCV43327    Hearing Date: August 26, 2022    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Plaintiffs’ motion to have their RFAs deemed admitted is MOOT. Defendant is sanctioned $700.00.           

            On 11/24/2021, Plaintiffs Maggie Jansezian aka Maguy V. Jansezian and Rafi Kardalian (collectively, Plaintiffs) filed suit against Silva Khardalian, alleging: (1) malicious prosecution; (2) abuse of process; (3) intentional infliction of emotional distress; and (4) slander of title.

             Now, Plaintiffs move to have their request for admission (RFA) deemed admitted as to Defendant.

Discussion

            On 1/24/2022, Plaintiff served RFAs on Defendant. While responses were due on 2/23/2022, Plaintiffs granted four extensions. The last extension, requested on 4/5/2022, expired on 4/20/2022.

            While no responses had been received to date, Defendant filed an opposition on 8/19/22 indicating that responses had finally been provided. (CCP §2033.220.)

            As such, by providing substantially code-complaint responses, Plaintiffs’ motion is now moot. However, Defendant’s failure to timely serve RFAs still necessitated this motion. As such, sanctions are warranted. (CCP §2033.220, subd. (c).) (“It is mandatory that the court impose a monetary sanction…on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion.) Defendant and counsel are sanctioned, jointly and severally, $700.00. ($350/hr x 2 hr.)

It is so ordered.

Dated:  August    , 2022

   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. 

            Due to Covid-19, the court is strongly discouraging in-person appearances.  Parties, counsel, and court reporters present are subject to temperature checks and health inquiries, and will be denied entry if admission could create a public health risk.  The court encourages the parties wishing to argue to appear via L.A. Court Connect.  For more information, please contact the court clerk at (213) 633-0517.  Your understanding during these difficult times is appreciated.

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

            Plaintiffs’ motion to compel initial responses to their form interrogatories, special interrogatories, and requests for production is GRANTED. Defendant and counsel are sanctioned, jointly and severally, $700.00.

            On 11/24/2021, Plaintiffs Maggie Jansezian aka Maguy V. Jansezian and Rafi Kardalian (collectively, Plaintiffs) filed suit against Silva Khardalian, alleging: (1) malicious prosecution; (2) abuse of process; (3) intentional infliction of emotional distress; and (4) slander of title.

             Now, Plaintiffs move to compel initial responses to their first sets of judicial form interrogatories, special interrogatories, and requests for production.

            The motion is unopposed.

Discussion

            On 1/24/2022, Plaintiff served their first sets of judicial form interrogatories, special interrogatories, and requests for production on Defendant. While responses were due on 2/23/2022, Plaintiffs granted four extensions. The last extension, requested on 4/5/2022, expired on 4/20/2022. While responses to Plaintiffs’ RFAs have since been provided, Defendant did not file an opposition indicating that responses has been provided to the remaining discovery here.  

            Based on the foregoing, Plaintiffs’ motion to compel initial responses to discovery is granted. 

            Defendant did not oppose this motion, and has not set forth substantial justification for this failure. As a result, Defendant and counsel are sanctioned, jointly and severally, $700.00. ($350/hr x 2 hr.)

It is so ordered.

Dated:  August    , 2022

   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. 

            Due to Covid-19, the court is strongly discouraging in-person appearances.  Parties, counsel, and court reporters present are subject to temperature checks and health inquiries, and will be denied entry if admission could create a public health risk.  The court encourages the parties wishing to argue to appear via L.A. Court Connect.  For more information, please contact the court clerk at (213) 633-0517.  Your understanding during these difficult times is appreciated.