Judge: Melvin D. Sandvig, Case: 21CHCV00444, Date: 2023-05-10 Tentative Ruling
Counsel wishing to submit on a tentative ruling may inform the clerk or courtroom assisant in North Valley Department F47, 9425 Penfield Ave., Chatsworth, CA 91311, at (818) 407-2247. Please be aware that unless all parties submit, the matter will still be called for hearing and may be argued by any appearing/non-submitting parties. If the matter is submitted on the court's tentative ruling by all parties, counsel for moving party shall give notice of ruling. This may be done by incorporating verbatim the court's tentative ruling. The tentative ruling may be extracted verbatim by copying and specially pasting, as unformatted text, from the Los Angeles Superior Court’s website, http://www.lasuperiorcourt.org. All hearings on law and motion and other calendar matters are generally NOT transcribed by a court reporter unless one is provided by the party(ies).
Case Number: 21CHCV00444 Hearing Date: May 10, 2023 Dept: F47
Dept. F47
Date: 5/10/23 TRIAL DATE: 2/13/24
Case #21CHCV00444
MOTION TO COMPEL
(Requests for Production of Documents, Set 1)
Motion filed on 3/1/23.
MOVING PARTY: Defendant Handy Technologies Inc.
RESPONDING PARTY: Plaintiffs Edmond Niknammoghadam and April Nicholson
NOTICE: ok
RELIEF REQUESTED: An order compelling Plaintiffs Edmond Niknammoghadam and April Nicholson to provide verified responses, without objections, to Defendant Handy Technologies Inc.’s Requests for Production of Documents, Set 1, and to produce documents, within 10 days of the hearing on this motion. Additionally, Defendant requests sanctions against Plaintiffs in the amount of $5,076.00.
RULING:
On 11/4/22, Defendant Handy Technologies Inc. (Defendant) served each self-represented Plaintiff, Edmond Niknammoghadam and April Nicholson (collectively, Plaintiffs), with Form Interrogatories, Set 1. (Noble Decl., Ex.A, B). Plaintiffs failed to serve responses on or before the 12/6/22 due date and have failed to do so after Defendant’s counsel’s meet and confer efforts. See CCP 2031.260(a); (Noble Decl., Ex.D-F).
Therefore, on 3/1/23, Defendant filed and served by mail and email, the instant motion seeking an order compelling Plaintiffs to provide verified responses, without objections, to Defendant’s Requests for Production of Documents, Set 1, within 10 days of the hearing on this motion. Additionally, Defendant requests sanctions against Plaintiffs in the amount of $5,076.00. Plaintiffs have not opposed or otherwise responded to the motion.
Due to Plaintiffs’ failure to provide timely responses to the subject Requests for Production of Documents, Defendant is entitled to an order compelling Plaintiffs to provide responses without objections. CCP 2031.300(a), (b). Additionally, Defendant is entitled to an award of sanctions against Plaintiffs for their failure to comply with their discovery obligations. CCP 2031.300(c). However, the Court finds that the $5,076.00 in sanctions requested by Defendant is excessive.
Additionally, the notice of motion sets forth the incorrect address for the courthouse of where the hearing will take place. See CRC 3.1110(b)(1). The motion indicates that the hearing will take place in “Department 47 of the Superior Court of California, County of Los Angeles, located at 111 N. Hill Street, Los Angeles, CA 90012” when the actual location of the hearing will be Department F47 of the Superior of California, County of Los Angeles, located at 9425 Penfield Avenue, Chatsworth, CA 91311. (See Notice of Motion, unnumbered p.1:4-5).
If Plaintiffs appear at the hearing, the motion will be granted. Responses will be due within 30 days of the hearing and sanctions will be imposed on each Plaintiff in the amount of $625.00 for a total sanction award of $1,250.00 calculated at 2 hours to prepare the motion + ½ hour to appear at the hearing multiplied by $500/hour divided by 2. Sanctions will also be ordered to be paid within 30 days.
If Plaintiffs do not appear at the hearing, the matter will be continued so that Defendant can re-notice the matter at the correct courthouse location.
Date: 5/10/23 TRIAL
DATE: 2/13/24
Case #21CHCV00444
MOTION TO
COMPEL
(Form
Interrogatories, Set 1)
Motion filed on 3/1/23.
MOVING PARTY: Defendant Handy Technologies Inc.
RESPONDING PARTY: Plaintiffs Edmond
Niknammoghadam and April Nicholson
NOTICE: ok
RELIEF REQUESTED: An order
compelling Plaintiffs Edmond Niknammoghadam and April Nicholson to provide verified responses, without
objections, to Defendant Handy Technologies Inc.’s Form Interrogatories, Set 1,
within 10 days of the hearing on this motion.
Additionally, Defendant requests sanctions against Plaintiffs in the
amount of $3,080.00.
RULING:
On 11/4/22, Defendant Handy Technologies Inc. (Defendant)
served each self-represented Plaintiff, Edmond Niknammoghadam and April
Nicholson (collectively, Plaintiffs), with Form Interrogatories, Set 1. (Noble Decl. Ex.A, C). Plaintiffs failed to serve responses on or
before the 12/6/22 due date and have failed to do so after Defendant’s
counsel’s meet and confer efforts. See
CCP 2030.260(a); (Noble Decl., Ex.D-F).
Therefore, on 3/1/23, Defendant filed and served by mail
and email, the instant motion seeking an order compelling Plaintiffs to provide
verified responses, without objections, to Defendant’s Form Interrogatories, Set 1, within 10 days
of the hearing on this motion.
Additionally, Defendant requests sanctions against Plaintiffs in the
amount of $3,080.00. Plaintiffs have not
opposed or otherwise responded to the motion.
Due to Plaintiffs’ failure to provide timely responses to
the subject Form Interrogatories, Defendant is entitled to an order compelling
Plaintiffs to provide responses without objections. CCP 2030.290(a), (b). Additionally, Defendant is entitled to an
award of sanctions against Plaintiffs for their failure to comply with their
discovery obligations. CCP
2030.290(c). However, the Court finds
that the $3,080.00 in sanctions requested by Defendant is excessive.
Additionally, the notice of motion sets forth the
incorrect address for the courthouse of where the hearing will take place. See CRC 3.1110(b)(1). The motion indicates that the hearing will
take place in “Department 47 of the Superior Court of California, County of Los
Angeles, located at 111 N. Hill Street, Los Angeles, CA 90012” when the actual
location of the hearing will be Department F47 of the Superior of California,
County of Los Angeles, located at 9425 Penfield Avenue, Chatsworth, CA
91311. (See Notice of Motion,
unnumbered p.1:4-5).
If Plaintiffs appear at the hearing, the motion will be
granted. Responses will be due within 30
days of the hearing and sanctions will be imposed on each Plaintiff in the
amount of $625.00 for a total sanction award of $1,250.00 calculated at 2 hours
to prepare the motion + ½ hour to appear at the hearing multiplied by $500/hour
divided by 2. Sanctions will also be
ordered to be paid within 30 days.
If Plaintiffs do not appear at the hearing, the matter
will be continued so that Defendant can re-notice the matter at the correct
courthouse location.