Judge: Mark E. Windham, Case: 22STLC01593, Date: 2022-10-19 Tentative Ruling

Case Number: 22STLC01593    Hearing Date: October 19, 2022    Dept: 26

MOTION TO COMPEL RESPONSES TO CASE QUESTIONNAIRE

AND REQUEST FOR SANCTIONS

(CCP §§ 93(e), 2023.010)

TENTATIVE RULING:

Plaintiff Chief Engineering Company’s Motion to Compel Response to Case Questionnaire and Request for Sanctions is GRANTED. DEFENDANTS VZ CONSTRUCTION COMPANY AND VANDAD ZARRIN ARE ORDERED TO SERVE A COMPLETE RESPONSE TO THE CASE QUESTIONNAIRES WITHIN 20 DAYS’ SERVICE OF THIS ORDER. THE COURT FURTHER ORDERS THAT DEFENDANTS VZ CONSTRUCTION COMPANY AND VANDAD ZARRIN AND COUNSEL OF RECORD JOINTLY AND SEVERALLY PAY SANCTIONS OF $410.00 TO PLAINTIFF WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

On April 22, 2022, Plaintiff Chief Engineering (“Plaintiff”) filed the instant action against Defendants VZ Construction Company and Vandad Zarrin (Defendants VZ and Zarrin”) and others. On August 25, 2022, Plaintiff filed the instant Motion to Compel Response To Case Questionnaire and Request for Sanctions. To date, no opposition has been filed.

Under Code of Civil Procedure section 93, a plaintiff may serve case questionnaires with the Complaint, which includes a “a completed copy of the plaintiff’s completed case questionnaire, and a blank copy of the defendant’s case questionnaire.” (Code Civ. Proc., § 93, subd. (a).) The defendant upon whom a case questionnaire is served must serve a completed questionnaire with the Answer. (Code Civ. Proc., § 93, subd. (b).) Upon failure to serve a completed questionnaire with the Answer, the plaintiff may move for an order compelling service of the defendant’s completed response or further response to the questionnaire and for sanctions. (Code Civ. Proc., § 93, subd. (e); 2023.010.)

Plaintiff served Defendants VZ and Zarrin with case questionnaires on April 22, 2022. (Motion, Romero Decl., Exhs. A and B.) Despite meet and confer efforts, Defendants VZ and Zarrin have not served Plaintiff with a completed case questionnaire. (Id. at ¶4.) Plaintiff, therefore, is entitled to an order compelling Defendants VZ and Zarrin complete response to the case questionnaire. Plaintiff also is entitled to sanctions based on costs incurred bringing the instant Motion. (Cal. Rules of Court, 3.1030(c).) Sanctions are awarded jointly and severally against Defendants VZ and Zarrin and counsel of record in the amount of $410.00 based on an hour of attorney time billed at $350.00 and the $60.00 filing fee. (Motion, Romero Decl., ¶5.)

Conclusion

Plaintiff Chief Engineering Company’s Motion to Compel Response to Case Questionnaire and Request for Sanctions is GRANTED. DEFENDANTS VZ CONSTRUCTION COMPANY AND VANDAD ZARRIN ARE ORDERED TO SERVE A COMPLETE RESPONSE TO THE CASE QUESTIONNAIRES WITHIN 20 DAYS’ SERVICE OF THIS ORDER. THE COURT FURTHER ORDERS THAT DEFENDANTS VZ CONSTRUCTION COMPANY AND VANDAD ZARRIN AND COUNSEL OF RECORD JOINTLY AND SEVERALLY PAY SANCTIONS OF $410.00 TO PLAINTIFF WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice.