Judge: Melvin D. Sandvig, Case: 23CHCV03185, Date: 2025-01-09 Tentative Ruling
Case Number: 23CHCV03185 Hearing Date: January 9, 2025 Dept: F47
Dept. F47
Date: 1/9/25
Case #23CHCV03185
MOTION TO
COMPEL FURTHER RESPONSES
(Form
Interrogatories, Set 1)
Motion filed on 5/30/24.
MOVING PARTY: Defendants/Cross-Complainants Yusheng Shew
and Jill J. Van
RESPONDING PARTY: Plaintiff/Cross-Defendant Mary Keryan
NOTICE: ok
RULING: The motion is granted as set forth
below.
SUMMARY OF FACTS & PROCEDURAL HISTORY
This action arises out of Plaintiffs Gevork Voskanian
(Voskanian) and Mary Keryan’s (Keryan) purchase of all outstanding shares of
stock in Plaintiff KSJV3, Inc. (the Corporation) from Defendants Yusheng Shew
and Jill Van (collectively, Defendants).
The Corporation is in the business of manufacturing and selling fences
for residential, commercial and industrial uses. Plaintiffs allege, among other things, that
Defendants misrepresented the financial condition of the Corporation. Defendants have cross-complained alleging
that Plaintiffs have failed to make any payment on the $110,000 Secured
Promissory Note.
On 12/19/23, Defendants/Cross-Complainants propounded
written discovery on Plaintiffs/Cross-Defendants, including Form
Interrogatories, Set 1, on Keryan. (Chien
Decl., Ex.A). After being granted
several extensions of time to respond, on 2/11/24, Keryan served objection only
responses to the Form Interrogatories. (Id.,
Ex.B-E). Despite meet and confer
efforts, promises to serve further responses and the granting of an extension
to file a motion to compel further responses until 5/31/24, Keryan failed to serve
further responses. (Id., Ex.F-H).
Therefore, on 5/30/24, Defendants filed and served the
instant motion seeking an order compelling Plaintiff Mary Keryan to provide
further responses to Defendants’ Form Interrogatories, Set 1. Additionally, Defendants request an order
imposing sanctions in the amount of $1,320.00 against Keryan and Keryan’s
counsel. Keryan has not opposed or
otherwise responded to the motion.
ANALYSIS
Generally, a party may obtain discovery regarding any
matter, not privileged, that is relevant to the subject matter of the action,
if the matter either is itself admissible or appears reasonably calculated to
lead to the discovery of admissible evidence.
See CCP 2017.010.
A party may move to compel further responses to interrogatories
if it deems that an: (1) an answer to a particular interrogatory is evasive or
incomplete; (2) an exercise of the option to produce documents under CCP
2030.230 is unwarranted or the required specification of those documents is
inadequate and/or (3) an objection to an interrogatory is without merit or too
general. CCP 2030.300(a).
If a timely motion to compel further responses is filed,
the responding party has the burden of justifying any objection. Fairmont Insurance Co. (2000) 22 C4th
245, 255; Coy (1962) 58 C2d 210, 220-221; Williams (2017) 3 C5th
531, 541-542.
Here, the subject Form Interrogatories, which were
approved by the Judicial Council, seek
information which is relevant to the issues in the action. Keryan has responded to the Form
Interrogatories with only baseless objections.
(Chien Decl., Ex.E). In response
to this motion, which was timely filed pursuant to the agreement of the
parties, Keryan has failed to offer any opposition. See CCP 2030.300(c); (Chien Decl.,
Ex.H). As such, Keryan has failed to
meet her burden of justifying the objections.
See Fairmont Insurance Co., supra; Coy, supra;
Williams, supra.
Defendants are entitled to an award of sanctions against
Keryan and her counsel of record, Scott A. Sheikh, in the amount of $1,020.00
(2.4 hours to communicate with Plaintiffs’ counsel, meet and confer and prepare
motion + 1 hour to prepare and attend hearing multiplied by $300/hour) for
their failure to comply with their discovery obligations. See CCP 2030.300(d); CCP 2023.030; CCP
2023.010(e).
CONCLUSION
The motion is granted.
Plaintiff/Cross-Defendant Mary Keryan is ordered to provide further
responses to Form Interrogatories, Set 1, within 30 days. Additionally, sanctions in the amount of
$1,020.00 are imposed on Keryan and her attorney of record, Scott A. Sheikh. Sanctions are payable within 30 days.