Judge: Latrice A. G. Byrdsong, Case: 22STCP03461, Date: 2023-12-12 Tentative Ruling

*** Please Note that the Judicial Officer Presiding in Department 25 is Commissioner Latrice A. G. Byrdsong ***
If you desire to submit on the tentative ruling, you may do so by e-mailing Dept. 25 at the Spring Street Courthouse up until the morning of the motion hearing. The e-mail address is SSCdept25@lacourt.org. The heading on your e-mail should contain the case name, number, hearing date, and that you submit. The message should indicate your name, contact information, and the party you represent. Please note, the above e-mail address is to inform the court of your submission on the tentative ruling. All other inquiries will not receive a response.
Due to overcrowding concerns of COVID-19, all parties shall make every effort to schedule a remote appearance via LACourtConnect (https://my.lacourt.org/laccwelcome) for their next hearing. The parties shall register with LACourtConnect at least 2 hours prior to their scheduled hearing time. 

Case Number: 22STCP03461    Hearing Date: January 24, 2024    Dept: 25

Hearing Date:                         Wednesday, January 24, 2024

Case Name:                             PINNACLE ESTATE PROPERTIES; CRAIG DUBRON; GARY KESHISHYAN; RANA LINKA v. ELIZABETH GUEMIKSIZIAN; CENTURY REALTY & LOANS, INC.

Case No.:                                22STCP03461

Motion:                                   Motion to Compel Judgment Debtor’s Responses to Post-Judgment RPDs (Set 1) and Request for Sanctions

Moving Party:                         Plaintiff Pinnacle Estate Properties

Responding Party:                   None

Notice:                                    OK

Tentative Ruling:                    Judgment Creditor Pinnacle Estate Properties’ Motion to Compel Responses to Post-Judgment RPDs (Set 1) is GRANTED.

Judgment Creditor’s Motion for Sanctions is GRANTED in the amount of $850.00 against Judgment Debtor Elizabeth Guemiksizian. 

JUDGMENT DEBTOR ELIZABETH GUEMIKSIZIAN IS ORDERED TO PAY $850.00 TO JUDGMENT CREDITOR’S COUNSEL WITHIN THIRTY (30) DAYS OF SERVICE OF THIS ORDER.  

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 November 29, 2023              [   ] Late          [X] None 

REPLY:                     None filed as of December 05, 2023              [   ] Late          [X] None 

BACKGROUND

On September 27, 2021, Arbitrators Valerie Ho, Samuel D. Cadelinia, and Michael Simpson, through an Interboard Arbitration Hearing, as required by the California Association of Realtors (“CAR”), issued an arbitration award in favor of Pinnacle Estate Properties (“Judgment Creditor” or “Creditor”), Craig Dubron (“Dubron”), Gary Keshishyan (“Keshishyan”), and Rana Linka (“Linka”), (collectively “Petitioners”), and against Respondents Century Realty & Loans, Inc. (“Century Realty”) and Elizabeth Guemiksizian (“Judgment Debtor” or “Debtor”), (collectively “Respondents”), for a total amount of $23,750.00.

On September 19, 2022, Petitioners filed a Petition to Confirm Arbitration Award against Respondents.

On May 03, 2023, the Court granted Petitioner’s petition to confirm the arbitration award.

On May 04, 2023, the Court issued a writ of execution against Debtor.

On August 18, 2023, Debtor filed a claim of exemption. The Court denied Debtor’s claim of exemption on August 28, 2023.

On November 13, 2023, Creditor filed the instant Motion to Compel Judgment Debtor’s Responses to Judgment Creditor’s Post Judgment Request for Production of Documents (Set One) and Request for Monetary Sanctions. No opposition has been filed.

On December 11, 2023, the Court on its own motion continued the hearing on the instant motion to January 24, 2024.

MOVING PARTY POSITION

Judgment Creditor moves for the Court to order Debtor to provide responses to Creditor’s post-judgment request for production under CCP § 708.030(a). Creditor additionally requests that sanctions be issued against Debtor in the amount of $850.00 for expenses incurred seeking the Court’s order.

OPPOSITION

            No opposition has been filed.

REPLY

            No reply has been filed.

ANALYSIS

I.          Legal Standard & Discussion

A. Interrogatories & Requests for Production  

A judgment creditor may propound written interrogatories to the judgment debtor in the manner provided by Section 2030.010, et seq. (Code Civ. Proc., 708.020, subd. (a).) Interrogatories pursuant to this section may be enforced, to the extent practicable, in the same manner as interrogatories in a civil action. (Code Civ. Proc., § 708.020, subd. (c).) Similarly, a judgment creditor may demand that any judgment debtor produce and permit the party making the demand to inspect and to copy documents in the possession, custody, or control of the party upon whom the demand is made and, in the manner provided by Section 2031.010, et seq. (Code Civ. Proc., § 708.030, subd. (a).) Inspection demands served pursuant to this section may be enforced in the same manner as demands in a civil action. (Code Civ. Proc., § 708.030, subd. (c).)  

A party must respond to interrogatories within 30 days after service. (Code Civ. Proc., § 2030.260, subd. (a).) If a party to whom interrogatories are directed does not provide timely responses, the requesting party may move for an order compelling responses to the discovery. (Code Civ. Proc., § 2030.290, subd. (b).) The party also waives the right to make any objections, including one based on privilege or work-product protection. (Code Civ. Proc., § 2030.290, subd. (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, subd. (a); Code Civ. Proc., 2030.290.) No meet and confer efforts are required before filing a motion to compel responses to the discovery. (Code Civ. Proc., § 2030.290; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 411.)   

Failure to give notice of a motion is not only a violation of the statutory requirements but of due process. (Code Civ. Proc., § 1005; Jones v. Otero (1984) 156 Cal.App.3d 754, 757.)

            Here, Creditor states that on September 13, 2023, “Debtor was served [by Mail] with [Creditor]’s Request to Produce Documents (Set 1) numbers 1-13.” (Alana Anaya Decl. ¶ 2; Exh. A.) Responses needed to be submitted within 30 days after service was mailed to Debtor. (Exh. A.) Creditor’s Counsel avers that no responses were received by October 19, 2023, when she had sent a “meet and confer letter” to the Debtor requesting to resolve the dispute before court intervention was necessary. (Anaya Decl. ¶ 3; Exh. B.) Debtor has since provided no verified responses to Creditor’s request. (Id. ¶ 4.) Thus, because Debtor has not provided timely responses to Creditor’s Request for Production, Creditor’s is entitled to pursue the motion.

            B. Sanctions

            Code of Civil Procedure § 2031.300(c) provides in relevant part that the court shall impose monetary sanctions against any party, person, or attorney who unsuccessfully opposes a motion to compel response to a demand unless it finds that they acted with substantial justification or that other circumstances make the imposition of the sanction unjust. (Code Civ. Proc., CCP § 2031.300(c).)

            Here, Creditor prays for sanctions against Debtor totaling $850.00 based on the sum of $60.00 in court filing fees as well as for two (2) hours of attorney’s fees at the rate of $395.00 an hour for 1.5 hours for work on drafting the motion and 0.5 hours for the appearance to argue the motion. (Id. ¶¶ 5-7.) The Court finds these fees to be reasonable under the circumstances, noting that Debtor has not provided any substantial justification or other circumstances weighing against the issuance of sanctions. Thus, the Court grants Creditor’s request for sanctions in the amount of $850.00.

II.        Conclusion

            Judgment Creditor Pinnacle Estate Properties’ Motion to Compel Responses to Post-Judgment RPDs (Set 1) is GRANTED.

Judgment Creditor’s Motion for Sanctions is also GRANTED in the amount of $850.00 against Judgment Debtor Elizabeth Guemiksizia.

 JUDGMENT DEBTOR ELIZABETH GUEMIKSIZIAN IS ORDERED TO PAY $850.00 TO JUDGMENT CREDITOR’S COUNSEL WITHIN THIRTY (30) DAYS OF SERVICE OF THIS ORDER.

            Moving party is ordered to give notice.