Judge: Kerry Bensinger, Case: 22STCV25558, Date: 2023-08-14 Tentative Ruling

Case Number: 22STCV25558    Hearing Date: August 14, 2023    Dept: 27

Tentative Ruling

Judge Kerry Bensinger, Department 27

HEARING DATE:     August 14, 2023                     TRIAL DATE:  February 5, 2024

CASE:                                Herbert C. Rubinstein, Trustee, et al. v. Colby Square Homeowners Association, Inc.

CASE NO.:                 22STCV25558

MOTIONS TO COMPEL RESPONSES TO DISCOVERY

MOVING PARTY:               Defendant Colby Square Homeowners Association, Inc.

RESPONDING PARTY:     No opposition

I.          INTRODUCTION

            On May 4, 2023, Defendant, Colby Square Homeowners Association, Inc., filed these motions to compel responses to Form Interrogatories, Special Interrogatories, and Requests for Production of Documents from Plaintiffs, Herbert C. Rubinstein[1] and Colby Development LP.  Defendant seeks sanctions against Plaintiffs. 

            On August 3, 2023, Defendant filed a Notice of Non-Receipt of Plaintiffs’ Oppositions.

II.        LEGAL STANDARD TO COMPEL DISCOVERY RESPONSES 

            If a party to whom interrogatories and inspection demands were directed fails to serve a timely response, the propounding party may move for an order to compel responses without objections.¿ (Code Civ. Proc., §§ 2030.290, subd. (b), 2031.300, subd. (b).)¿ Failure to timely serve responses waives objections to the requests.¿ (Code Civ. Proc., §§ 2030.290, subd. (a), 2031.300, subd. (a).)

            Monetary Sanctions 

            Code of Civil Procedure section 2023.030 is a general statute authorizing the Court to impose discovery sanctions for “misuse of the discovery process,” which includes (without limitation) a variety of conduct such as: making, without substantial justification, an unmeritorious objection to discovery; making an evasive response to discovery; and unsuccessfully and without substantial justification making or opposing a motion to compel or limit discovery.¿ (Code Civ. Proc., § 2023.010.)¿¿¿ 

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            If sanctions are sought, Code of Civil Procedure section 2023.040 requires that the notice specify the identity of the person against whom sanctions are sought and the type of sanction requested, that the motion be supported in the points and authorities, and the facts be set forth in a declaration supporting the amount of any monetary sanction.¿¿ 

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            If the court finds that a party has unsuccessfully made or opposed a motion to compel responses to interrogatories or inspection demands, the court “shall impose a monetary sanction . . . unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.”¿ (Code Civ. Proc., §§ 2030.290, subd. (c), 2031.300, subd. (c).)

III.      DISCUSSION

            Defendant served Plaintiffs with the discovery requests on January 13, 2023.  Thereafter, Defendant granted Plaintiffs two extensions to serve responses.  Responses were due March 30, 2023.  However, Plaintiffs failed to serve responses or to respond to Defendant’s inquiries about the overdue discovery.¿ (See Hoffman Decls.)¿ Therefore, all objections to the interrogatories and requests for production are waived.¿¿ 

            As Defendant properly served the discovery requests and Plaintiffs failed to serve responses, the Court finds Defendant is entitled to an order directing Plaintiffs to provide responses to Set One of Defendant’s Form Interrogatories, Special Interrogatories, and Requests for Production of Documents.¿

Monetary Sanctions

            Defendant requests sanctions against Plaintiffs.  Given that the Court has granted these motions, sanctions are warranted.  Accordingly, sanctions are imposed against each Plaintiff in the amount of $780, consisting of 3 hours at defense counsel’s hourly rate and $180 in filing fees.

IV.       CONCLUSION

            The motions are granted.  Plaintiffs Herbert C. Rubinstein and Colby Development LP are ordered to provide verified, objection-free responses to Set One of Defendant’s Form Interrogatories, Special Interrogatories, and Requests for Production of Documents.

            The request for sanctions is granted.  Plaintiffs are each ordered to pay sanctions in the amount of $780 to Defendant, by and through their counsel.

            Discovery responses are to be provided and sanctions are to be paid within 20 days of this order.

Moving party to give notice. 

Dated:   August 14, 2023                                          ___________________________________

                                                                                    Kerry Bensinger

                                                                                    Judge of the Superior Court

            Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.