Judge: Maren Nelson, Case: 22STCP04406, Date: 2023-09-18 Tentative Ruling

Case Number: 22STCP04406    Hearing Date: September 18, 2023    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

PCH’s motions to compel further are DENIED. The Court declines to award sanctions at this time.

On 12/19/2022, Terry Krekorian, as an individual and as a Trustee of the Mr. Shmoobus Family Trust dated 1/25/2018 (Plaintiff) filed suit against PCH Treatment, Inc., and Jeffrey D. Ball as an individual and as a Trustee of the S&J Ball Family Trust dated 8/1/2014, alleging: (1) judicial dissolution; (2) accounting; and (3) breach of fiduciary duty.

            Now, PCH moves to compel further responses to its Form Interrogatories (FROGs), Special Interrogatories (SROGs), and Requests for Production (RFPs).

Discussion

            In opposition, Plaintiff clarified that he emailed supplemental responses, and supporting documents to PCH’s SROGs, FROGs, and RFPs on 8/14/2023. Plaintiff also provided further supplemental responses to Plaintiff’s RFPs, as he had failed to include supplemental responses to RFP Nos. 44 through 46.

            In response, PCH’s counsel indicated no problems with the SROGs or FROGs. However, PCH indicated that the RFPs responses to Nos. 25-30 remained insufficient.

            As a result, on 9/6/2023, Plaintiff provided further responses, as well as supporting documents, to RFP Nos. 25-30. Plaintiff further reminded PCH that because he has been denied access to his PCH email accounts that there could be other documents that are not in his control and possession that could be responsive.

            In response, PCH’s counsel reiterated its contention that RFPs Nos. 45 to 46 were deficient. Plaintiff indicated that further responses had already been produced to those RFPs on 8/22/2023.

            After review, the Court finds this motion moot. Moreover, the Court finds sanctions are not appropriate. First, Plaintiff’s opposition makes clear that he was acting in good faith to comply with his discovery obligations. Second, the delays in discovery were the result of Plaintiff’s counsel experiencing medical issues. Counsel made the Court aware of these issues, and the Court asked PCH's counsel to consider taking the matters off calendar if the supplemental responses were forthcoming.

            Based on the foregoing, PCH’s motions to compel further are denied.  The Court declines to award sanctions at this time.

It is so ordered.

Dated:  September    , 2023

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.  For more information, please contact the court clerk at (213) 633-0517.