Judge: Melvin D. Sandvig, Case: 23CHCP00494, Date: 2024-02-01 Tentative Ruling
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Case Number: 23CHCP00494 Hearing Date: March 21, 2024 Dept: F47
Dept. F47
Date: 3/21/24
Case #23CHCP00494
4 DISCOVERY
MOTIONS
Motion re RFAs, Set 1, filed 2/13/24.
Motion re Form Interrogatories, Set 2, filed 2/13/24.
Motion re: Document Demands, Set 1, filed 2/21/24
Motion re: Form Interrogatories, Set 1, filed 2/21/24.
MOVING PARTY: Petitioner Kevork Antablian
RESPONDING PARTY: Respondent State Farm Mutual Automobile
Insurance Company
NOTICE: ok
RELIEF REQUESTED:
(1) An order deeming Requests for
Admissions, Set 1, served on Respondent by Petitioner admitted. Additionally, Petitioner requests an award
of sanctions in the amount of $1,561.65 against Respondent and/or its counsel,
the Law Offices of Cullins & Grady, LLP;
(2) An order compelling Respondent to serve
responses to Petitioner’s Form Interrogatories, Set 2. Additionally, Petitioner requests an award of
sanctions in the amount of $1,561.65 against Respondent and/or its counsel, the
Law Offices of Cullins & Grady, LLP;
(4) An order
compelling Respondent to serve responses to Petitioner’s Form Interrogatories,
Set 1. Additionally, Petitioner requests
an award of sanctions in the amount of $1,561.65 against Respondent and/or its
counsel, the Law Offices of Cullins & Grady, LLP;
RULING: The motions are granted as set forth
below.
SUMMARY OF FACTS & PROCEDURAL HISTORY
This action arises out of a motor vehicle collision that
occurred on 1/5/21 involving a vehicle (the Vehicle) driven by Petitioner
Kevork Antablian (Petitioner) and owned by Richard Patterson. At the time of the incident, the Vehicle was
insured through Respondent State Farm Mutual Automobile Insurance Company
(State Farm). The case against the
driver of the other vehicle involved in the collision has settled for the
$15,000 policy limit. Petitioner seeks
underinsured coverage from State Farm.
Petitioner has made a demand for the remainder of the underinsured
motorist policy of $250,000.
On 2/1/24, Petitioner’s petition to compel arbitration
and appoint a neutral arbitrator was
granted. (See 2/1/24
Minute Order). On 2/6/24, the parties
submitted a stipulation agreeing to the appointment of the Honorable Andrew
Kauffman as arbitrator. (See
Stipulation filed 2/6/24). On 2/9/24,
pursuant to the stipulation, the Court ordered Andrew Kauffman of Alternative
Resolution Centers as arbitrator. (See
2/9/24 Minute Order).
Before this action was filed, Petitioner served written
discovery on Respondent. Despite
Petitioner granting Respondent’s request for an extension of time to respond to
certain of the requests making all responses due on 9/20/23, Respondent has
failed to serve responses to any of the discovery requests. (Herron Decl., Ex.B; Gordon Decl., Ex.1-3).
On 2/13/24, Petitioner served and filed motions seeking:
(1) An order deeming Requests for Admissions, Set 1, served on Respondent by
Petitioner admitted. Additionally,
Petitioner requests an award of sanctions in the amount of $1,561.65 against
Respondent and/or its counsel, the Law Offices of Cullins & Grady, LLP; and
(2) An order compelling Respondent to serve responses to Petitioner’s Form
Interrogatories, Set 2. Additionally,
Petitioner requests an award of sanctions in the amount of $1,561.65 against
Respondent and/or its counsel, the Law Offices of Cullins & Grady, LLP.
On 2/23/24, Petitioner served and filed motions seeking:
(3) An order compelling Respondent to serve responses to Petitioner’s Demands
for Production of Documents, Set 1.
Additionally, Petitioner requests an award of sanctions in the amount of
$1,561.65 against Respondent and/or its counsel, the Law Offices of Cullins
& Grady, LLP; and (4)
Respondent has not opposed or otherwise responded to the
motions.
ANALYSIS
Due to Respondent’s failure to serve responses to
Petitioner’s Requests for Admissions, Petitioner is entitled to an order
deeming the matters admitted. CCP
2033.280(b), (c). Petitioner is also
entitled to an award of sanctions against Respondent and its counsel for their
failure to abide by their discovery obligations. Id.; CCP 2023.010(d), (i); CCP
2023.020; CCP 2023.030(a).
Due to Respondent’s failure to serve timely responses to
Petitioner’s Form Interrogatories and Demands for Production of Documents,
Petitioner is entitled to orders compelling Respondent to provide responses to
the discovery requests, without objection.
CCP 2030.290(a), (b); CCP 2031.300(a), (b). Additionally, Petitioner is entitled to an
award of sanctions against Respondent and its counsel for their failure to
comply with their discovery obligations.
CCP 2030.290(c); CCP 2031.300(c); CCP 2023.010(d), (i); CCP 2023.020;
CCP 2023.030(a).
The Court finds that reasonable sanctions are in the
amount of $811.65 for each motion (1.5 hours to prepare motion and appear x
$500/hour = $750.00 + $61.65 filing fee) for a total sanction award of
$3,246.60 for all 4 motions.
CONCLUSION
The motions are granted.
The Requests for Admissions, Set 1, are deemed admitted. Responses, without objections, to Form Interrogatories, Sets 1 and 2, and responses,
without objections, to Demands for Production of Documents, Set 1, are due
within 20 days. Sanctions are payable,
as set forth above, within 20 days.