Judge: Jon R. Takasugi, Case: 22STCV12640, Date: 2023-05-22 Tentative Ruling

Case Number: 22STCV12640    Hearing Date: May 22, 2023    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Plaintiffs’ motion to compel further responses from Defendant 8 Guys, LTD to their Special Interrogatories and RFPs is granted and due within 30 days. Defendant is sanctioned, jointly and severally with counsel, $1,050, payable within 30 days.

            On 4/14/2022, Plaintiffs Ivan Ayala and Michelle Alvarez initiated this action. On 12/7/2022, Ivan Ayala, Michelle Alvarez, and Andrew Tadeo,(collectively, Plaintiffs) filed a first amended complaint (FAC) against Monterey Gardens Apartments, 8 Guys, LTD., and Landmark Realty and Property Management , alleging: (1) breach of contract; (2) breach of implied warranty of habitability/tenability; (3) breach of implied warranty of quiet enjoyment; (4) negligence; (5) fraud by concealment; and (6) violation of Business and Professions Code section 17200.

            Now, Plaintiffs move to compel further responses from Defendant 8 Guys (Defendant) to their Special Interrogatories and Requests for Production. Plaintiffs also seek the imposition of monetary sanctions.

Discussion

            Plaintiffs argue that Defendant’s responses to RFP Nos. 10, 11, 19, 22, 26, 36, 44 are deficient in that the responses either fail to provide a compliant response or provide a compliant response but the documents are not actually produced. Plaintiffs also argue that Defendant’s responses to Special Interrogatories Nos. 9, 10, 11, 12, 13, 15, 16, 17, 18 are deficient in that they are evasive and incomplete and contain objections lacking merit and are too general.

            After review, the Court agrees Defendant’s responses are deficient. For example, Special Interrogatory No. 9 requests:

STATE IN FULL DETAIL the issues PLAINTIFF complained of regarding the condition of the PREMISES during the PERIOD. Your description should include who made the complaint, who received it, the manner in which the complaint was made, when the complaint was made, and how and when YOU responded to the complaint.

As outlined in Plaintiffs’ FAC, the tenancy in question commenced approximately 10 years ago, during which time there have been a long list of alleged maintenance issues. In response to these questions seeking the details of these issues, Defendant has provided details regarding complaints made in November of 2021 and September of 2022 only.

Defendant did not oppose this motion, and thus is considered to have conceded to the merits of the motion.

Moreover, given Defendant’s failure to oppose, the Court is without substantial justification for Defendant’s conduct. As such, sanctions are warranted.

Based on the foregoing, Plaintiffs’ motion to compel further responses from Defendant to their Special Interrogatories and RFPs is granted. Defendant is sanctioned, jointly and severally with counsel, $1,050. ($350/hr x 3 hr.) 

It is so ordered.

Dated:  May    , 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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