Judge Melvin D. Sandvig, Case Number: 19CHCV00892, Date: 2024-06-03 Tentative Ruling

Judge: Melvin D. Sandvig, Case: 19CHCV00892, Date: 2024-06-03 Tentative Ruling

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Case Number: 19CHCV00892 Hearing Date: June 3, 2024 Dept: F47

Dept. F47

Date: 6/3/24 TRIAL DATE: 9/9/24

Case #19CHCV00892

MOTION TO COMPEL

(Form Interrogatories, Set 1)

Motion filed on 11/7/23.

MOVING PARTY: Defendant Padita Ayana

RESPONDING PARTY: Plaintiff Jamal Salim Nasrallah

NOTICE: ok

RELIEF REQUESTED: An order compelling Plaintiff to serve verified answers, without objections, to Form Interrogatories, Set 1, served on Plaintiff on 8/15/23, within 20 days of the hearing. Additionally, Defendant Padita Ayana seeks an order imposing sanctions against Plaintiff and/or his attorney of record in the amount of $460.00.

RULING: The motion is granted as set forth below.

SUMMARY OF FACTS & PROCEDURAL HISTORY

This action arises out of a landlord tenant dispute regarding property located at 13547 Osborne Street in Arleta, California. On 11/4/19, Plaintiff Jamal Salim Nasrallah (Plaintiff) filed this action alleging causes of action for: (1) forcible entry and (2) forcible detainer against Padita Ayana and Parawan Ayana.

On 5/10/22, default was entered against Padita Ayana. Also on 5/10/22, Plaintiff filed a Doe Amendment naming Padita Ayana as Trustee of the Parawan Ayana Living Trust. On 5/11/22, pursuant to Plaintiff’s request, the Court entered a dismissal without prejudice of Parawan Ayana. (See 5/11/22 Minute Order). On 6/6/22, the Court entered an order pursuant to the stipulation of the parties setting aside the default entered against Padita Ayana.

On 12/7/22, Plaintiff filed a First Amended Complaint which again asserted causes of action for: (1) forcible entry and (2) forcible detainer. On 2/28/23, the Court sustained, in part, Padita Ayana’s demurrer to the First Amended Complaint and granted Padita Ayana’s motion to strike portions of the First Amended Complaint, both with leave to amend. (See 2/28/23 Minute Order). On 4/4/23, Plaintiff filed a Second Amended Complaint for forcible entry against Padita Ayana, individually (Padita), and as Trustee of the Parawan Ayana Living Trust (Trustee) (collectively, Defendant). On 7/25/23, Defendant’s motion to strike portions of the Second Amended Complaint was denied.

On 8/15/23, Padita served Plaintiff with Form Interrogatories, Set 1, making answers due 9/18/23. (Petrosyan Decl. ¶¶4-5, Ex.A). Despite being granted multiple extensions of time to respond, Plaintiff has failed to serve responses to the subject discovery. (Petrosyan Decl. ¶¶6-11, Ex.B-F).

Therefore, on 11/7/23, Padita filed and served the instant motion seeking an order compelling Plaintiff to serve verified answers, without objections, to Form Interrogatories, Set 1, served on Plaintiff on 8/15/23, within 20 days of the hearing. Additionally, Defendant Padita Ayana seeks an order imposing sanctions against Plaintiff and/or his attorney of record in the amount of $460.00. Plaintiff has not opposed or otherwise responded to the motion.

ANALYSIS

Due to Plaintiff’s failure to serve timely responses to the subject Form Interrogatories, Padita is entitled to an order compelling Plaintiff to provide responses without objections. CCP 2030.290(a), (b). Additionally, due to Plaintiff’s and Plaintiff’s counsel’s failure to comply with their discovery obligations, sanctions in the amount of $460.00 are warranted against Plaintiff and Plaintiff’s counsel, Bryan Castorina. CCP 2023.010(d); CCP 2030.290(c); (Petrosyan Decl. ¶12).

CONCLUSION

The motion is granted. Verified responses, without objections, to Form Interrogatories, Set 1, are due and sanctions against Plaintiff and Plaintiff’s counsel, Bryan Castorina, in the amount of $460.00 are payable within 30 days.