Judge: Melvin D. Sandvig, Case: 22CHCV00519, Date: 2023-05-05 Tentative Ruling

Case Number: 22CHCV00519    Hearing Date: May 5, 2023    Dept: F47

Dept. F47

Date: 5/5/23

Case #22CHCV00519

MOTION TO COMPEL

Motion filed on 4/3/23.

MOVING PARTY: Defendant Alvin Lamont Perkins

RESPONDING PARTY: Plaintiff Jinkie Tampi

NOTICE: ok

RELIEF REQUESTED: An order compelling Plaintiff Jinkie Tampi (Plaintiff) to provide written discovery responses without objection and to produce relevant documents regarding Defendant Alvin Lamont Perkins’ (Defendant): (1) Form Interrogatories—General (Set 1) that were served by mail and e-mail on Plaintiff Tampi on December 2, 2022 (Ex. 1); (2) Request for Production of Documents (Set 1) that were served by mail and e-mail on Plaintiff Tampi on December 2, 2022 (Ex.2); (3) Special Interrogatories (Set 1) that were served by mail and e-mail on Plaintiff Tampi on December 16, 2022 (Ex.3).

Additionally, Defendant requests an order imposing sanctions against Plaintiff and her attorney, Jay Smith, Esq., jointly and severally, in the amount of $4,702.50.  

RULING: The motion is granted as set forth below. 

This action arises out of a dispute regarding real property located at 22655 Lenope Place, Chatsworth, California 91311 (the Property).  Plaintiff The Estate of Kiram Tampi (Mr. Tampi) by and through its Administratrix Jinkie Tampi (Plaintiff) alleges that Defendants Alvin Lamont Perkins (Perkins); The Lenope 22655 AP Trust (Lenope Trust); Does 2 Trustee for the Lenope 22566 AP Trust (Does 2 for Lenope Trust); and Doe Trustee for the Lenope Trust (Doe 1 for Lenope Trust) (collectively, Defendants) defrauded Mr. Tampi, who was over age 65 at the time, out of title to the property.  On the other hand, Defendant Perkins contends that Mr. Tampi, through his daughter, Jinkie Tampi, sold him/his trust the Property to avoid foreclosure. 

On 7/12/22, Plaintiff filed this action against Defendants and others for: (1) Quiet Title, (2) Elder Financial Abuse, (3) Fraud and (4) Declaratory Relief.  On 12/2/22, Perkins served Plaintiff Jinkie Tampi (Plaintiff), by mail and email, with Form Interrogatories, Set 1 and Requests for Production of Documents, Set 1.  On 12/16/22, Perkins served Plaintiff, by mail and email, with Special Interrogatories, Set 1.  Plaintiff failed to respond to any of the foregoing discovery or defense counsel’s meet and confer efforts.  (Blaine Decl.).  Therefore, on 4/3/23, Perkins served Plaintiff, by mail and email, with the instant motion seeking an order compelling Plaintiff to provide written discovery responses without objections and to produce relevant documents regarding Perkins’ (Perkins): (1) Form Interrogatories—General (Set 1) that were served by mail and e-mail on Plaintiff on 12/2/22 (Ex. 1); (2) Request for Production of Documents (Set 1) that were served by mail and e-mail on Plaintiff on 12/2/22 (Ex.2); (3) Special Interrogatories (Set 1) that were served by mail and e-mail on Plaintiff on 12/16/22 (Ex.3).  Additionally, Perkins requests an order imposing sanctions against Plaintiff and her attorney, Jay Smith, Esq., jointly and severally, in the amount of $4,702.50.  Plaintiff has not opposed or otherwise responded to the motion.    

Due to Plaintiff’s failure to provide timely responses to the subject Form Interrogatories, Special Interrogatories and Requests for Production of Documents, Perkins is entitled to an order compelling responses without objections.  CCP 2030.290(a), (b); CCP 2031.300(a), (b).  Additionally, Perkins is entitled to an award of sanctions against Plaintiff and her counsel for their failure to comply with their discovery obligations.  CCP 2031.290(c); CCP 2031.300(c).  However, the Court finds that the $4,702.50 requested for sanctions is excessive.  Therefore, sanctions in the amount of $1,980.00 are imposed against Plaintiff and her attorney, calculated at 1 hour to meet and confer, 2 hours to prepare the motion and 1 hour to appear at the hearing multiplied by $495/hour (4 hours x $495 = $1,980.00).    

Based on the foregoing, Plaintiff is ordered to serve responses, without objections, to the subject Form Interrogatories, Set 1, Special Interrogatories, Set1 and Requests for Production of Documents, Set 1, within 30 days.   Additionally, sanctions are imposed against Plaintiff Jinkie Tampi and her attorney, Jay Smith, in the amount of $1,980.00, payable within 30 days.

The Court notes that Perkins has improperly combined 3 discovery motions into one.  In the future, separate motions, with separate reservations, must be filed for each discovery vehicle.