Judge: Melvin D. Sandvig, Case: 21CHCV00990, Date: 2023-02-10 Tentative Ruling
Case Number: 21CHCV00990 Hearing Date: February 10, 2023 Dept: F47
Dept. F47
Date: 2/10/23 (originally set for 2/3/23).
Case #21CHCV00990
3 DISCOVERY
MOTIONS
(Form
Interrogatories; Request for Production of Documents & Requests for
Admissions)
Motions filed on 11/9/22.
MOVING PARTY: Plaintiff Jane Balderaz
RESPONDING PARTY: Defendant Hussam Khatib
NOTICE: ok
RELIEF REQUESTED:
(1) An order compelling Defendant Hussam Khatib
to respond to Form Interrogatories served on 6/8/22. Additionally, Plaintiff requests an order
compelling both defendants to pay sanctions in the total amount of $3,335 to
Plaintiff and/or Plaintiff’s counsel.
(2) An order
compelling Defendant Hussam Khatib to respond to Request for Production of
Documents served on 6/8/22.
Additionally, Plaintiff requests an order compelling defendants to pay
sanctions in the total amount of $3,335 to Plaintiff and/or Plaintiff’s
counsel.
(3) An order:
(1) compelling Defendant Hussam Khatib to respond to Requests for Admissions;
(2) that the truth of each matter specified in the Requests for Admissions
served on Hussam Khatib on 6/8/22 be deemed admitted and conclusively
established for all purposes in this action; and (3) imposing sanctions on
defendants in the amount of $3,335 payable to Plaintiff and/or her counsel.
RULING: The motions are granted as set forth
below. Responses without objections are
due within 30 days to the Form Interrogatories and Requests for Production of
Documents. Sanctions are payable within
30 days.
On 6/8/22, Plaintiff Jane Balderaz (Plaintiff) served Form
Interrogatories, Request for Production of Documents and Requests for
Admissions on Defendant Hussam Khatib.
(Snyder Decl.). Despite being
granted extensions of time to respond, Hussam Khatib has failed to serve
responses to any of the subject discovery requests. (Snyder Decl.).
Therefore, on 11/9/22, Plaintiff filed and served motions
seeking: (1) An order compelling Defendant Hussam Khatib to respond to Form
Interrogatories served on 6/8/22.
Additionally, Plaintiff requests an order compelling both defendants to
pay sanctions in the total amount of $3,335 to Plaintiff and/or Plaintiff’s
counsel; (2) An order compelling Defendant Hussam Khatib to respond to Request
for Production of Documents served on 6/8/22.
Additionally, Plaintiff requests an order compelling defendants to pay
sanctions in the total amount of $3,335 to Plaintiff and/or Plaintiff’s counsel;
(3) An order: (a) compelling Defendant Hussam Khatib to respond to Requests for
Admissions; (b) that the truth of each matter specified in the Requests for
Admissions served on Hussam Khatib on 6/8/22 be deemed admitted and
conclusively established for all purposes in this action; and (c) imposing
sanctions on defendants in the amount of $3,335 payable to Plaintiff and/or her
counsel.
Due to Hussam Khatib’s failure to serve responses to the
Form Interrogatories and Request for Production of Documents, Plaintiff is
entitled to orders compelling responses without objection. See CCP 2030.290(a), (b); CCP
2031.300(a), (b). Additionally, Plaintiff
is entitled to an award of sanctions against Hussam Khatib for his failure to
comply with his discovery obligations.
CCP 2030.290(c); CCP 2031.300(c).
Due to Hussam Khatib’s failure to serve responses to the
Requests for Admission, Plaintiff is entitled to an order deeming the matters
admitted and for the imposition of sanctions against Hussam Khatib. CCP 2033.290(b), (c).
The Court finds that Plaintiff is entitled to an award of
$555.83 in sanctions for each of the three motions. Therefore, sanctions in the total amount of
$1667.49 are awarded against Defendant Hussam Khatib payable to Plaintiff
and/or Plaintiff’s counsel.
Date: 2/10/23 (originally set for 2/3/23).
Case #21CHCV00990
3 DISCOVERY
MOTIONS
(Form
Interrogatories; Request for Production of Documents & Requests for
Admissions)
Motions filed on 11/9/22.
MOVING PARTY: Plaintiff Jane Balderaz
RESPONDING PARTY: Defendant Omar Khatib
NOTICE: ok
RELIEF REQUESTED:
(1) An order compelling Defendant Omar Khatib to
respond to Form Interrogatories served on 6/8/22. Additionally, Plaintiff requests an order
compelling defendants to pay sanctions in the total amount of $3,335 to
Plaintiff and/or Plaintiff’s counsel.
(2) An order
compelling Defendant Omar Khatib to respond to Request for Production of
Documents served on 6/8/22.
Additionally, Plaintiff requests an order compelling defendants to pay
sanctions in the total amount of $3,335 to Plaintiff and/or Plaintiff’s
counsel.
(3) An order:
(1) compelling Defendant Omar Khatib to respond to Requests for Admissions; (2)
that the truth of each matter specified in the Requests for Admissions served
on Omar Khatib on 6/8/22 be deemed admitted and conclusively established for
all purposes in this action; and (3) imposing sanctions on defendants in the
amount of $3,335 payable to Plaintiff and/or her counsel.
RULING: The motions are granted as set forth
below. Responses without objections are
due within 30 days to the Form Interrogatories and Requests for Production of
Documents. Sanctions are payable within
30 days.
On 6/8/22, Plaintiff Jane Balderaz (Plaintiff) served
Form Interrogatories, Request for Production of Documents and Requests for
Admissions on Defendant Omar Khatib.
(Snyder Decl.). Despite being
granted extensions of time to respond, Omar Khatib has failed to serve
responses to any of the subject discovery requests. (Snyder Decl.).
Therefore, on 11/9/22, Plaintiff filed and served motions
seeking: (1) An order compelling Defendant Omar Khatib to respond to Form
Interrogatories served on 6/8/22.
Additionally, Plaintiff requests an order compelling both defendants to
pay sanctions in the total amount of $3,335 to Plaintiff and/or Plaintiff’s
counsel; (2) An order compelling Defendant Omar Khatib to respond to Request
for Production of Documents served on 6/8/22.
Additionally, Plaintiff requests an order compelling defendants to pay
sanctions in the total amount of $3,335 to Plaintiff and/or Plaintiff’s counsel;
(3) An order: (a) compelling Defendant Omar Khatib to respond to Requests for
Admissions; (b) that the truth of each matter specified in the Requests for
Admissions served on Omar Khatib on 6/8/22 be deemed admitted and conclusively
established for all purposes in this action; and (c) imposing sanctions on
defendants in the amount of $3,335 payable to Plaintiff and/or her counsel.
Due to Omar Khatib’s failure to serve responses to the
Form Interrogatories and Request for Production of Documents, Plaintiff is
entitled to orders compelling responses without objection. See CCP 2030.290(a), (b); CCP
2031.300(a), (b). Additionally,
Plaintiff is entitled to an award of sanctions against Omar Khatib for his
failure to comply with his discovery obligations. CCP 2030.290(c); CCP 2031.300(c).
Due to Omar Khatib’s failure to serve responses to the
Requests for Admission, Plaintiff is entitled to an order deeming the matters
admitted and for the imposition of sanctions against Omar Khatib. CCP 2033.290(b), (c).
The Court finds that Plaintiff is entitled to an award of
$555.83 in sanctions for each of the three motions. Therefore, sanctions in the total amount of
$1667.49 are awarded against Defendant Omar Khatib payable to Plaintiff and/or
Plaintiff’s counsel.