Judge: Katherine Chilton, Case: 21STLC05184, Date: 2023-03-21 Tentative Ruling

Case Number: 21STLC05184     Hearing Date: March 21, 2023    Dept: 25

PROCEEDINGS:      MOTION TO COMPEL RESPONSES TO INTERROGATORIES; REQUEST FOR SANCTIONS

MOVING PARTY:   Defendant Pensco Trust Company fbo Caesar Berger, IRA 50%

RESP. PARTY:         None

MOTION TO COMPEL DISCOVERY RESPONSES;

REQUEST FOR SANCTIONS

(CCP §§ 2030.290)

TENTATIVE RULING:

            Defendant Pensco Trust Company fbo Caesar Berger, IRA 50%’s Motion to Compel Response to Interrogatories to Enforce Judgment against Defendant Felix Bobritsky is DENIED without prejudice. Defendant’s request for sanctions is also DENIED.

SERVICE: 

[X] Proof of Service Timely Filed (CRC, rule 3.1300)                 OK

[X] Correct Address (CCP §§ 1013, 1013a)                                                 OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b))                     OK

OPPOSITION:          None filed as of March 16, 2023.               [   ] Late                      [X] None

REPLY:                     None filed as of March 16, 2023.               [   ] Late                      [X] None

ANALYSIS:

I.                Background

On July 15, 2021, Plaintiff Lyle Mink (“Plaintiff”) filed a Complaint in Interpleader against Defendants Pensco Trust Company fbo Caesar Berger, IRA 50% (“Pensco fbo Caesar”), Pensco Trust Company fbo Inna Berger, IRA 50% (“Pensco fbo Inna”), Payman Taheri (“Taheri”), and Felix Bobritsky (“Bobritsky”) (collectively “Defendants”).  The subject matter of this interpleader action is the judgment owed by Plaintiff to Defendant Bobritsky in an underlying case and the liens against this judgment by the other Defendants.

On July 15, 2021, Defendant Pensco fbo Caesar and Pensco fbo Inna filed an Answer to the Complaint admitting all allegations in the Complaint, requesting that all interpleaded funds be awarded to Pensco Trust Company, and requesting costs against all other Claimants.

On July 28, 2021, Plaintiff filed Notice of Deposit of Funds Awarded by Judgment with the Court, in the amount of $1,615.00.

On February 16, 2022, based on Plaintiff’s request, the Court entered default against Defendant Bobritsky.  (2-16-22 Request for Entry of Default.)

On July 26, 2022, the Court granted Plaintiff’s Motion to Dismiss and Discharge Plaintiff from Liability and Distribute Interpled Funds.  (7-26-22 Minute Order.)  The Court also granted Plaintiff’s request for costs in the amount of $288.90 to be paid from interpleaded funds.  (Ibid.)

On January 12, 2023, the date set for Non-Jury Trial, the Court noted that no appearances were entered by either side and dismissed the Complaint without prejudice.  (1-12-23 Minute Order.)

On February 15, 2023, Defendant Pensco fbo Caesar filed the instant Motion to Compel Response to Interrogatories to Enforce Judgment against Defendant Bobritsky (“Motion”).

No opposition has been filed.

II.              Legal Standard

A party must respond to interrogatories within 30 days after service.  (Code Civ. Proc., § 2030.260(a).)  If a party to whom interrogatories are directed does not provide timely responses, the requesting party may move for an order compelling response to the discovery.  (Code Civ. Proc. § 2030.290(b).)  Once compelled to respond, the party waives the right to make any objections, including ones based on privilege or work-product protection.  (Code Civ. Proc. § 2030.290(a).)  There is no time limit for a motion to compel responses to interrogatories other than the cut-off on hearing discovery motions 15 days before trial.  (Code Civ. Proc., §§ 2024.020(a), 2030.290.)  No meet and confer efforts are required before filing a motion to compel responses to the discovery.  (See Code Civ. Proc. § 2030.290; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 411.)

Code of Civil Procedure § 2023.030(a) provides, in pertinent part, that the court may impose a monetary sanction on a party engaging in the misuse of the discovery process to pay the reasonable expenses, including attorney’s fees, incurred by anyone because of that conduct.  Misuse of discovery includes “failing to respond or submit to an authorized method of discovery.”  (Code Civ. Proc. § 2023.010(d)).

III.            Discussion

On January 12, 2023, the date set for Non-Jury Trial, the Court noted that no appearances were entered by either side and dismissed the Complaint without prejudice.  (1-12-23 Minute Order.)

On February 15, 2023, Defendant Pensco fbo Caesar filed the instant Motion to Compel Response to Interrogatories to Enforce Judgment against Defendant Bobritsky.  Defendant also requests sanctions in the amount of $2,018.91.

The Court notes that the Complaint has been dismissed and, thus, the Court cannot consider any motions unless dismissal is set aside.

Accordingly, Defendant’s Motion is DENIED.  The Court also denies Defendant’s request for sanctions.

IV.           Conclusion & Order

For the foregoing reasons:

            Defendant Pensco Trust Company fbo Caesar Berger, IRA 50%’s Motion to Compel Response to Interrogatories to Enforce Judgment against Defendant Felix Bobritsky is DENIED without prejudice. Defendant’s request for sanctions is also DENIED.

Moving party is ordered to give notice.