Judge: Martha K. Gooding, Case: 2021-01234560, Date: 2022-09-26 Tentative Ruling

1) Motion to Compel Answers to Form Interrogatories

2) Motion to Compel Answers to Form Interrogatories

3) Motion to Compel Production

4) Case Management Conference

Motion to Compel Requests for Production

The Motion to Compel filed by Defendant the City of Rancho Santa Margarita (“Defendant”) and directed towards Requests for Production, Set One (ROA No. 39), is GRANTED pursuant to C.C.P. §2031.300.  Plaintiff Tammy Sue Benjamin is ordered to provide verified responses, without objection, to Defendant’s Request for Production, Set One, within 15 days

of notice of this order. 

Additionally, Plaintiff and her counsel of record, Utku Kazanci, and the Law Offices of Jacob Emrani, are jointly ordered to pay sanctions in the amount of $735.00 to Defendant within 30 days of this order, pursuant to C.C.P. §2031.300(c), C.C.P. §2023.030(a) and C.C.P. §2023.010(d).

Defendant served Plaintiff with Requests for Production, Set One, by email, on March 31, 2022. (¶3 and ¶6 of Aghakhani Declaration and Exhibit 1 thereto).  Of note, while the underlying discovery lists an incorrect email address for service, it appears to be undisputed the responses were received.  (See ¶3 of Aghakhani Declaration and Exhibit 1 thereto).  In an email dated April 28, 2022, Counsel for Plaintiff confirmed receipt, by confirming a two-week extension for “discovery responses,” permitting Plaintiff to respond by May 18, 2022. (¶4 of Aghakhani Declaration and Exhibit 2).

Despite the above, counsel for Defendant declares that “[o]n May 24, 2022, Defendant’s counsel’s emailed Plaintiff’s counsel’s requesting the responses prior to Court intervention as the responses were yet to be served.” (¶8 of Aghakhani Declaration).

Based on the above, it is apparent that timely responses were not provided, such that objections were waived. (C.C.P. §2031.300(a)).

Additionally, although counsel does not expressly state that no responses were received, as of the date of the motion, a reasonable inference from the declaration is that responses remain outstanding.  (¶10-¶12 of Aghakhani Declaration).  This interpretation is consistent with a representation made in the motion and the Court notes that the instant motion is unopposed. (Motion: 3:6).

Additionally, while the Court notes that inconsistent representations are included within the motion, the Court is nonetheless inclined to find it has authority to order verified responses, without objections.

For example, at one point the motion indicates “[t]here are several Requests for Production where Plaintiff had stated he would provide documents but has not to date.” (Motion: 6: 20-21).  While this statement suggests responses were received, it appears likely the above was copied-and-pasted from an unrelated motion, as the brief proceeds to refer to documents sent “in the (sic) March 12, 2020,” a date prior to the service of the underlying discovery request herein (Motion: 6:21-22).

Likewise, the motion asserts Plaintiff has “not willingly waived objections” and “have not provided verified responses,” (Motion: 7:6-9), which suggests that unverified objections have been received; however, even assuming this is the case, the Court may proceed to order responses without objections.  (Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4^th 390, 407-408).

Lastly, Counsel requests sanctions in the amount of $2,085.00, which includes 9 hours of labor at $225.00 per hour; however, as the instant motion is unopposed and relatively simple, the Court finds the requested sanctions are not reasonable in amount.  Sanctions are reduced to $735.00, which includes only 3 hours of labor, calculated at $225 per hour and a $60.00 filing fee. (¶11 of Aghakhani Declaration).

Defendant to give notice.

Motion to Compel Special Interrogatories

The Motion to Compel filed by Defendant the City of Rancho Santa Margarita and directed towards Special Interrogatories, Set One (ROA No. 45), is GRANTED, pursuant to C.C.P. §2030.290.  Plaintiff Tammy Sue Benjamin is ordered to provide verified responses, without objection, to Defendant’s Special Interrogatories, Set One, within 15 days of notice of this order.  Additionally, Plaintiff and her counsel of record, Utku Kazanci, and the Law Offices of Jacob Emrani, are jointly ordered to pay sanctions in the amount of $735.00, within 30 days of notice of this order, pursuant to C.C.P. §2030.290(c), C.C.P. §2023.030(a) and C.C.P. §2023.010(d).

The Court finds the circumstances of the instant motion mirror those discussed above in connection with the motion to compel responses to Requests for Production.  Thus, for the same reasons stated above, the motion is GRANTED, but with reduced sanctions.

Defendant to give notice.

Motion to Compel Form Interrogatories

The Motion to Compel filed by Defendant the City of Rancho Santa Margarita and directed towards Form Interrogatories, Set One (ROA No. 42), is GRANTED, pursuant to C.C.P. §2030.290.  Plaintiff Tammy Sue Benjamin is ordered to provide verified responses, without objection, to Defendant’s Form Interrogatories, Set One, within 15 days of notice of this order.  Additionally, Plaintiff and her counsel of record, Utku Kazanci, and the Law Offices of Jacob Emrani, are jointly ordered to pay sanctions in the amount of $735.00, within 30 days-notice of this order, pursuant to C.C.P. §2030.290(c), C.C.P. §2023.030(a) and C.C.P. §2023.010(d).

The Court finds the circumstances of the instant motion mirror those discussed above in connection with the motion directed towards Requests for Production.  Thus, for the same reasons stated above, the motion is GRANTED, but with reduced sanctions.

Defendant to give notice.

The Court orders counsel for Defendant to appear for the hearing, either in person or by Zoom.