Judge: Lynette Gridiron Winston, Case: 22PSCV00533, Date: 2024-07-25 Tentative Ruling

Case Number: 22PSCV00533    Hearing Date: July 25, 2024    Dept: 6

CASE NAME:  Yanmin Han v. Heather Lien, et al. 

Plaintiff’s Motion to Compel Responses to Form Interrogatories, Set No. 2 by Defendant Joe Mun Yen Chou 

TENTATIVE RULING 

The Court GRANTS Plaintiff’s motion to compel responses to Form Interrogatories, Set No. 2 by Defendant Joe Mun Yen Chou. Defendant Joe Mun Yen Chou must provide complete verified responses, without objection, to Plaintiff’s Form Interrogatories, Set No. 2, within 20 days of the Court’s order. 

The Court also GRANTS Plaintiff’s request for monetary sanctions in the reduced amount of $585.00. Defendant Joe Mun Yen Chou and his counsel of record must pay said monetary sanctions to Plaintiff within 20 days of the Court’s order. 

             Plaintiff is ordered to give notice of the Court’s ruling within five calendar days of this order. 

BACKGROUND 

This is a construction dispute. On June 3, 2022, plaintiff Yanmin Han (Plaintiff) filed this action against defendants Heather Lien, Joe Mun Yen Chou dba Impact Construction Company (Chou), Luxury Construction, Inc., TZ Global, Inc. (collectively, Defendants) and Does 1 through 10, alleging causes of action for breach of contract, intentional misrepresentation, negligent misrepresentation, negligence, common count: money had and received, disgorgement under Business and Profession Code section 7031, violation of Business and Profession Code section 7160, and aiding and abetting unlicensed contracting. 

On May 20, 2024, Plaintiff moved to compel Chou’s responses to Form Interrogatories – Construction Litigation, Set No. 2. The motion is unopposed. 

LEGAL STANDARD 

When a party fails to serve a timely response to interrogatories, the party propounding the interrogatories may move for an order compelling a response. (Code Civ. Proc., § 2030.290, subd. (b).) A party who fails to provide a timely response waives any objection, including one based on privilege or work product. (Id., § 2030.290, subd. (a).) “The court shall impose a monetary sanction… against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a response to interrogatories, 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.” (Id., § 2030.290, subd. (c).) 

DISCUSSION 

Meet and Confer 

Although meeting and conferring is not required before bringing motions to compel, (Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 404), the Court notes that Plaintiff indicates having attempted to meet and confer, albeit by email only, before bringing this motion, (Lee Decl., ¶ 3, Exs. 3-4.) The Court requests that any such future meet-and-confer efforts be conducted by telephone, videoconference, or in person before resorting to email, as the Court finds these methods more effective than email. 

            Analysis 

Plaintiff indicates having electronically served Form Interrogatories – Construction Litigation, Set No. 2, on Chou on April 3, 2024. (Lee Decl., ¶ 2, Exs. 1-2.) As of the filing date of the motion, Plaintiff received no responses. (Lee Decl., ¶ 3.) The Court finds Plaintiff’s motion to be well taken. The Court hereby GRANTS Plaintiff’s motion, and orders Defendant Chou to serve verified responses, without objection, to Plaintiff’s Form Interrogatories – Construction Litigation, Set No. 2, within 20 days of the Court’s order. 

With respect to monetary sanctions, the Court GRANTS Plaintiff’s request in the reduced amount of $585.00, comprised of 1.5 hours preparing the motion and appearing at the hearing on the motion, multiplied by the hourly rate of $350.00, plus the $60.00 filing fee. Chou and his counsel of record must pay said monetary sanctions to Plaintiff within 20 days of the Court’s order. 

CONCLUSION 

The Court GRANTS Plaintiff’s motion to compel responses to Form Interrogatories, Set No. 2 by Defendant Joe Mun Yen Chou. Defendant Joe Mun Yen Chou must provide verified responses, without objection, to Plaintiff’s Form Interrogatories, Set No. 2, within 20 days of the Court’s order. 

The Court also GRANTS Plaintiff’s request for monetary sanctions in the reduced amount of $585.00. Defendant Joe Mun Yen Chou and his counsel of record must pay said monetary sanctions to Plaintiff within 20 days of the Court’s order. 

             Plaintiff is ordered to give notice of the Court’s ruling within five calendar days of this order.