Judge: Mel Red Recana, Case: 21STCV25691, Date: 2024-03-29 Tentative Ruling
Case Number: 21STCV25691 Hearing Date: March 29, 2024 Dept: 45
Hearing
date: 03/29/2024
Moving
Party: Plaintiff
Amanda Raymond
Responding
Party: N/A
Defendant’s
The Court
considered the moving papers. Plaintiff’s Motion to Compel Responses to Request
to Produce Documents and Things against Defendant Tara Pirnia and Request for
sanctions and Plaintiff’s Motion to Compel Responses to Request to Produce
Documents Against Heart of Christmas, LLC and Request for sanctions are GRANTED.
The Court will impose sanctions against Defendants, and award them to Plaintiff
in the amount of $970.15, payable within 30 days.
Background
This
case stems from allegations of breach of contract and fraud. On July 13, 2021,
Amanda Raymond (Plaintiff) filed a Complaint against Heart of Christmas, LLC
dba Future Sight Entertainment, LLC and Tara Pirnia (collectively Defendants).
Plaintiff
and Defendants agreed to a contract to have Amanda Raymond write and direct a
move titled “Heart of Christmas”. However, Plaintiff alleges that after a
“falling out”, Defendants became hostile to Plaintiff, and refused to comply
with the terms of the contract, including refusing to pay the agreed upon
compensation. Plaintiff then filed suit. The
motions now before the Court are the following: (1) Plaintiff’s Motion to
Compel Responses to Request to Produce Documents and Things against Defendant
Tara Pirnia and Request for Monetary Sanctions and (2) Plaintiff’s Motion to
Compel Responses to Request to Produce Documents and Things against Defendant
Heart of Christmas, LLC and Request for Monetary Sanctions (the Motions). The
Motions are unopposed.
Discussion
Legal Standard
“If
a party to whom a demand for inspection, copying, testing, or sampling is directed
fails to serve a timely response to it, the following rules shall apply: (a)
The party to whom the demand for inspection, copying, testing, or sampling is
directed waives any objection to the demand, including one based on privilege
or on the protection for work product under Chapter 4…(b) The party making the
demand may move for an order compelling response to the demand. (c) Except as
provided in subdivision (d), the court shall impose a monetary sanction under
Chapter 7 (commencing with Section 2023.010) against any party, person, or
attorney who unsuccessfully makes or opposes a motion to compel a response to a
demand for inspection, copying, testing, or sampling, 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.” (CCP § 2031.300)
“The
court may impose a monetary sanction ordering that one engaging in the misuse
of the discovery process, or any attorney advising that conduct, or both pay
the reasonable expenses, including attorney's fees, incurred by anyone as a
result of that conduct.” (CCP § 2023.030(a).) “Misuses of the discovery process
include, but are not limited to, the following: (d) Failing to respond or to
submit to an authorized method of discovery.” (CCP § 2023.010)
Analysis
Plaintiff
puts forward the Declaration of John A. Tkach (Tkach Decl.) for both Motions, which
states that Plaintiff propounded Request for Production of Documents (Set 2) on
Defendant Tara Pirnia and Defendant Heart of Christmas LLC, on September 26,
2023. (Tkach Decl., ¶ 6.) After Defense counsel was relieved on November 8,
2023, Defendants requested an extension and were granted a ten-day extension to
respond. (Tkach Decl., ¶¶ 7-8.) However, to date, no responses have been
received. Therefore, the Motions are granted, and sanctions will be awarded.
Sanctions
Plaintiff’s counsel provides the
following calculations:
·
Counsel’s hourly rate is $395
·
Counsel spent 1.3 hours preparing
the Motion
·
Counsel anticipates 1 hour at the
hearing
·
Counsel incurred a filing fee of
$61.65
·
Counsel requests a total of
$1,031.65
Considering
the similarity of the two Motions and that the total based on the calculations
provided equates to $970.15 for a single motion, the Court will award $970.15
in sanctions to Plaintiff, payable within 30 days.
Conclusion
Plaintiff’s
Motion to Compel Responses to Request to Produce Documents and Things against
Defendant Tara Pirnia and Request for Monetary Sanctions and Plaintiff’s Motion
to Compel Responses to Request to Produce Documents Against Heart of Christmas,
LLC and Request for Monetary Sanctions are GRANTED. Compliance within 30 days. The Court
will impose sanctions against Defendants, and award them to Plaintiff in the
amount of $970.15, payable within 30 days. Plaintiff to give notice.
It
is so ordered.
Dated: March 29, 2024
_______________________
Rolf M. Treu
Judge of the
Superior Court