Judge: Melvin D. Sandvig, Case: 20CHCV00621, Date: 2022-09-19 Tentative Ruling

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Case Number: 20CHCV00621    Hearing Date: September 19, 2022    Dept: F47

Dept. F-47

Date: 9/19/22

Case #20CHCV00621

MOTION FOR SANCTIONS

Motion filed on 5/10/22. 

MOVING PARTY: Defendant Enrique Perez

RESPONDING PARTY: Plaintiff Raul Perez

NOTICE: ok

RELIEF REQUESTED: An order imposing issue, evidence and/or terminating sanctions against Plaintiff Raul Perez for Plaintiff’s failure/refusal to obey this Court’s 3/30/22 order.  Specifically, Defendant asks this Court to impose:

(1) an issue sanction by an order prohibiting Plaintiff Raul Perez from supporting the First Cause of Action for Quiet Title, the Second Cause of Action for Cancellation of Instruments, and the Fifth Cause of Action for Fraud of Plaintiff’s Complaint and contesting the defenses of Defendant Enrique Perez; or,

(2) an evidence sanction by an order prohibiting Plaintiff Raul Perez from introducing any evidence supporting the First Cause of Action for Quiet Title, the Second Cause of Action for Cancellation of Instruments, and the Fifth Cause of Action for Fraud of Plaintiff’s Complaint and contesting the defenses of Defendant Enrique Perez; or,

(3) a terminating sanction by an order striking out the First, Second and Fifth Causes of Action and the entirety of Plaintiff’s Complaint pleading; or,

(4) a terminating sanction by an order dismissing Plaintiffs Complaint pleading

Additionally, Defendant requests monetary sanctions against Plaintiff and Plaintiff’s counsel, R. Grace Rodriguez, jointly, in the amount of $3,211.65.

RULING:  The motion is granted as set forth below. 

Defendant Enrique Perez’s counsel is, again, reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil.  When e-filing documents, parties must comply with the “TECHNICAL REQUIREMENTS” which are set forth at page 4, line 4 through page 5, line 12 of the Court’s 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil.  See also CRC 3.1110(f)(4).  Defendant has failed to bookmark the exhibits attached to the declaration filed in support of the motion.  Failure to comply with these requirements in the future may result in  matters being placed off calendar, matters being continued so documents can be resubmitted in compliance with these requirements, documents not being considered and/or the imposition of sanctions. 

This action arises out of a dispute between brothers regarding certain real property located in Sunland, California.  Plaintiff Raul Perez’s (Plaintiff) complaint contained causes of action for: (1) Quiet Title, (2) Cancellation of Instruments, (3) Breach of Oral Agreement, (4) Constructive Fraudulent Conveyance and (5) Fraud.  Defendant Enrique Perez (Defendant) has answered the complaint and filed a cross-complaint for: (1) Quiet Title, (2) Partition by Sale, (3) Breach of Contract, (4) Fraud, (5) Intentional Misrepresentation, (6) Negligent Misrepresentation and (7) Unjust Enrichment.

Plaintiff’s 3^rd and 4^th causes of action were dismissed on 5/6/21.  Plaintiff’s default on Defendant’s cross-complaint was entered on 9/7/21.  Plaintiff’s default on the cross-complaint of Jonathan Perez was entered on 3/30/22.

On 6/10/21, Defendant served Plaintiff with Form Interrogatories, General, Set 1, to which Plaintiff failed to respond.  On 3/30/22, this Court granted Defendant’s motion to compel responses to the Form Interrogatories and ordered Plaintiff to provide responses, without objections, and to pay Defendant sanctions in the amount of $1,411.65 within 30 days.  (See 3/30/22 Minute Order).  Defendant was ordered to give notice of the Court’s 3/30/22 ruling which he did on 3/30/22.  (See Notice of Court Orders filed on 3/30/22).

Plaintiff has failed to serve responses in violation of the Court’s 3/30/22 order.  Therefore, on 5/10/22, Defendant filed and served the instant motion seeking an order imposing issue, evidence and/or terminating sanctions against Plaintiff Raul Perez for Plaintiff’s failure/refusal to obey this Court’s 3/30/22 order.  Specifically, Defendant asks this Court to impose:

(1) an issue sanction by an order prohibiting Plaintiff Raul Perez from supporting the First Cause of Action for Quiet Title, the Second Cause of Action for Cancellation of Instruments, and the Fifth Cause of Action for Fraud of Plaintiff’s Complaint and contesting the defenses of Defendant Enrique Perez; or,

(2) an evidence sanction by an order prohibiting Plaintiff Raul Perez from introducing any evidence supporting the First Cause of Action for Quiet Title, the Second Cause of Action for Cancellation of Instruments, and the Fifth Cause of Action for Fraud of Plaintiff’s Complaint and contesting the defenses of Defendant Enrique Perez; or,

(3) a terminating sanction by an order striking out the First, Second and Fifth Causes of Action and the entirety of Plaintiff’s Complaint pleading; or,

(4) a terminating sanction by an order dismissing Plaintiffs Complaint pleading.

Additionally, Defendant requests monetary sanctions against Plaintiff and Plaintiff’s counsel, R. Grace Rodriguez, jointly, in the amount of $3,211.65.

Plaintiff has not filed an opposition/response to the motion.

Based on Plaintiff’s failure and/or refusal to comply with this Court’s 3/30/22 order and failure to respond to this motion, the Court finds that the imposition of the terminating sanctions requested is warranted.  See CCP 2023.010(d), (g); CCP 2023.030(d); CCP 2030.290(c).  As such, Plaintiff’s complaint is stricken/dismissed.  See CCP 2023.030(d)(1).

The Court also finds that Defendant is entitled to monetary sanctions against Plaintiff Raul Perez and his counsel, R. Grace Rodriguez, jointly.  However, again, the Court finds that the $3,211.65 requested is excessive and awards Defendant $1,861.65 based on a lodestar calculation of ((3 hours to prepare the motion at $450/hour + 1 hour to appear at the hearing at $450/hour) = $1,800.00 + $61.65 filing fee).  Sanctions are payable within 30 days.