Judge: Lee W. Tsao, Case: 22NWCV00616, Date: 2023-11-16 Tentative Ruling
Case Number: 22NWCV00616 Hearing Date: March 20, 2024 Dept: C
PETIKYAN v. FCA US LLC, et al.
CASE NO.: 22NWCV00616
HEARING: 3/20/24 @ 9:30 AM
#2
I. Defendant’s Motion to Compel Responses to Special Interrogatories, Set One is GRANTED.
II. Defendant’s Motion for Monetary Sanctions is GRANTED IN PART.
Moving Party to give NOTICE.
The motion is unopposed as of March 18, 2024.
Legal Standard
A party must respond to special interrogatories within 30 days after service. (Code Civ. Proc., § 2030.260, subd. (a).) If a party to whom special 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).)
Discussion
Defendant FCA US LLC served Special Interrogatories, Set One on Plaintiff Artur Petikyan on June 28, 2023. (Decl. Tcheng, ¶ 3, Ex. 1.) Plaintiff has not served responses. (Decl. Tcheng, ¶ 5.)
Monetary Sanctions
Sanctions are mandatory in connection with motions to compel responses to interrogatories against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel unless the court “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).)
Defendant seeks $1,021.65 in sanctions consisting of 2 hours preparing the motion and 1 hour reviewing the opposition, 1 hour drafting a reply, and 1 hour attending the hearing at $240.00 per hour and $61.65 in filing fees. (Decl. Tcheng, ¶ 6,7.)
The Court notes that no opposition or reply have been filed. Accordingly, sanctions will be awarded in the reasonable sum of $541.65 (2 hours preparing the motion and $61.65 in filing fees) against Plaintiff and counsel, jointly and severally, payable within 30 days.
Based on the above, the motion is GRANTED. Sanctions are awarded in part.
PETIKYAN v. FCA US LLC, et al.
CASE NO.: 22NWCV00616
HEARING: 3/20/24 @ 9:30 AM
#2
I. Plaintiff’s Motion for Requests for Production of Documents is GRANTED.
II. Plaintiff’s Motion for Monetary Sanctions is GRANTED IN PART.
Moving Party to give NOTICE.
The motion is unopposed as of March 18, 2024.
This is a Song-Beverly action. Defendant FCA US LLC moves to compel initial responses to Requests for Production of Documents, Set One served on Plaintiff Artur Petikyan. Defendant also seeks monetary sanctions.
A party must respond to a request for production of documents within 30 days after service. (Code Civ. Proc., § 2031.260, subd. (a).) If a party to whom requests for production of documents is directed does not provide timely responses, the requesting party may move for an order compelling responses to the discovery. (Code Civ. Proc., § 2031.300, subd. (b).)
Discussion
Defendant served its Requests for Production of Documents, Set One on Defendant FCA US LLC on June 28, 2023. (Decl. Tcheng, Ex. 1.) Plaintiff has not served responses. (Decl. Tcheng, ¶ 5.)
Monetary Sanctions
Sanctions are mandatory in connection with requests for production of documents against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel unless the court “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., § 2031.300, subd. (c).)
Defendant seeks $1,021.65 in sanctions consisting of 2 hours preparing the motion and 1 hour reviewing the opposition, 1 hour drafting a reply, and 1 hour attending the hearing at $240.00 per hour and $61.65 in filing fees. (Decl. Tcheng, ¶ 6, 7.)
The Court notes that no opposition or reply have been filed. Accordingly, sanctions will be awarded in the reasonable sum of $541.65 (2 hours preparing the motion and $61.65 in filing fees) against Plaintiff and counsel, jointly and severally, payable within 30 days.
CASE NO.: 22NWCV00616
HEARING: 3/20/24 @ 9:30 AM
#2
I. Defendant’s Motion to Compel Responses to Form Interrogatories, Set One is GRANTED.
II. Defendant’s Motion for Monetary Sanctions is GRANTED IN PART.
Moving Party to give NOTICE.
The motion is unopposed as of March 18, 2024.
This is a Song-Beverly action. Defendant FCA US LLC moves to compel initial responses to Form Interrogatories, Set One served on Plaintiff Artur Petikyan. Defendant also seeks monetary sanctions.
A party must respond to form interrogatories within 30 days after service. (Code Civ. Proc., § 2030.260, subd. (a).) If a party to whom form 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).)
Discussion
Defendant FCA US LLC served Form Interrogatories, Set One on Plaintiff Artur Petikyan on June 28, 2023. (Decl. Tcheng, ¶ 3, Ex. 1.) Plaintiff has not served responses. (Decl. Tcheng, ¶ 5.)
Monetary Sanctions
Sanctions are mandatory in connection with motions to compel responses to interrogatories against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel unless the court “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).)
Defendant seeks $1,021.65 in sanctions consisting of 2 hours preparing the motion and 1 hour reviewing the opposition, 1 hour drafting a reply, and 1 hour attending the hearing at $240.00 per hour and $61.65 in filing fees. (Decl. Tcheng, ¶ 6,7.)
The Court notes that no opposition or reply have been filed. Accordingly, sanctions will be awarded in the reasonable sum of $541.65 (2 hours preparing the motion and $61.65 in filing fees) against Plaintiff and counsel, jointly and severally, payable within 30 days.
Based on the above, the motion is GRANTED. Sanctions are awarded in part.
PETIKYAN v. FCA US
LLC, et al.
CASE NO.: 22NWCV00616
HEARING: 3/20/24 @ 9:30 AM
#2
I.
Defendant’s Motion for Order Deeming that the Truth of All Matters
Specified in Plaintiff’s First Set of Requests for Admissions is GRANTED.
II.
Defendant’s Motion for Monetary Sanctions is GRANTED IN PART.
Moving Party to give NOTICE.
The motion is unopposed as of March 18, 2024.
This is a Song-Beverly action. Defendant FCA US
LLC moves for an order that the truth of all matters specified in Defendant’s
first set of requests for admission be deemed admitted against Plaintiff Artur
Petikyan. Defendant also seeks monetary sanctions.
“If
a party to whom requests for admission are directed fails to serve a timely
response, the following rules apply … (b) The requesting party may move for an
order that the genuineness of any documents and the truth of any matters
specified in the requests be deemed admitted … (c) The court shall make this
order, unless it finds that the party to whom the requests for admission have
been directed has served, before the hearing on the motion, a proposed response
to the requests for admission that is in substantial compliance with Section
2033.220.” (Code Civ. Proc., § 2033.280.)
Discussion
Defendant FCA US LLC served its Requests for
Admission, Set One on Plaintiff Artur Petikyan on June 28, 2023. (Decl. Tcheng,
Ex. 1.) Plaintiff has not yet served responses. (Decl. Tcheng, ¶ 5.)
Monetary Sanctions
Sanctions are mandatory against any party,
person, or attorney who fails to timely serve responses to requests for
admission or who unsuccessfully makes or opposes a motion to compel a response
to interrogatories unless the one subject to sanctions acted with substantial
justification or other circumstances make the imposition of sanctions unjust.
(Code Civ. Proc., §§ 2031.320, subd. (b), 2033.280, subd. (c).)
Defendant seeks $1,021.65 in sanctions
consisting of 2 hours preparing the motion and 1 hour reviewing the opposition,
1 hour drafting a reply, and 1 hour attending the hearing at $240.00 per hour
and $61.65 in filing fees. (Decl. Tcheng, ¶ 6,7.)
The Court notes that no opposition or reply have
been filed. Accordingly, sanctions will be awarded in the reasonable sum of $541.65
(2 hours preparing the motion and $61.65 in filing fees) against Plaintiff
Artur Petikyan and counsel, jointly and severally, payable within 30 days.
Based on the above, the motion is GRANTED.
Sanctions are awarded in part.