Judge: Lisa K. Sepe-Wiesenfeld, Case: 24SMCV04206, Date: 2025-03-26 Tentative Ruling

Case Number: 24SMCV04206    Hearing Date: March 26, 2025    Dept: N

TENTATIVE RULING

Plaintiff Citadel Servicing Corporation’s Motion to Compel Defendant’s Responses to Requests for Production of Documents, Set No. One is GRANTED. Defendant Ilan Kenig shall serve code-compliant responses to Plaintiff Citadel Servicing Corporation’s Requests for Production of Documents, Set No. 1, without objections, within thirty (30) days of entry of this order.

Plaintiff Citadel Servicing Corporation’s Request for Monetary Sanctions is GRANTED in the reduced amount of $960, payable by Defendant Ilan Kenig to Plaintiff Citadel Servicing Corporation and Plaintiff’s counsel within thirty (30) days of entry of this order.

Plaintiff Citadel Servicing Corporation to give notice. 

Plaintiff Citadel Servicing Corporation (“Plaintiff”) served Defendant Ilan Kenig (“Defendant”) with its Requests for Production of Documents, Set No. 1, on January 3, 2025. (Mot., Wozniak Decl. ¶ 2.) Responses were due on or before February 7, 2025, and Plaintiff’s counsel extended the deadline to respond to February 20, 2025. (Mot., Wozniak Decl. ¶ 3.) To date, no responses have been received. (Mot., Wozniak Decl. ¶ 4.) Defendant contends that the discovery was not properly served, but he provides only a conclusory statement to this effect, while the proof of service shows the discovery was sent to Defendant’s address, indicating proper service. (Mot., Wozniak Decl. ¶ 2.) Defendant also argues that no meet-and-confer correspondence was sent, but there is no requirement for such correspondence when no responses were provided. (See Code Civ. Proc., § 2031.300.) Thus, the Court finds it proper to grant Plaintiff’s motion on the ground that Defendant was properly served with the subject discovery, and no responses were provided.

Accordingly, Plaintiff Citadel Servicing Corporation’s Motion to Compel Defendant’s Responses to Requests for Production of Documents, Set No. One is GRANTED. Defendant Ilan Kenig shall serve code-compliant responses to Plaintiff Citadel Servicing Corporation’s Requests for Production of Documents, Set No. 1, without objections, within thirty (30) days of entry of this order.

If a motion to compel responses to requests for production is filed, the Court may impose a monetary sanction against the losing party “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., § 2031.300, subd. (c).) Further, “[t]he court may award sanctions under the Discovery Act in favor of a party who files a motion to compel discovery, even though no opposition to the motion was filed, or opposition to the motion was withdrawn, or the requested discovery was provided to the moving party after the motion was filed.” (Cal. Rules of Court, rule 3.1348(a).)

Plaintiff requests $1,612.50 in monetary sanctions for this motion. The Court finds that monetary sanctions are proper, but the Court reduces the amount to $960, representing two hours spent preparing the motion and reply, and one hour appearing at the hearing, at the reduced rate of $300 per hour, as this matter is not particularly complex, and a filing fee of $60 for the motion. Such sanctions are payable by Defendant Ilan Kenig to Plaintiff Citadel Servicing Corporation and Plaintiff’s counsel within thirty (30) days of entry of this order.