Judge: Melvin D. Sandvig, Case: 24CHCV00206, Date: 2024-08-13 Tentative Ruling

Case Number: 24CHCV00206    Hearing Date: August 13, 2024    Dept: F47

Dept. F47

Date: 8/13/24

Case #24CHCV00206

MOTION TO COMPEL RESPONSES

(Special Interrogatories, Set 1)

Motion filed on 7/16/24.

MOVING PARTY: Defendant San Fernando Valley Automotive, LLC

RESPONDING PARTY: Plaintiffs Ted Shuzo Sakaida and Pamela A. Sakaida, Trustees of the Ted and Pamela Sakaida Revocable Trust dated December 31, 1991

NOTICE: ok

RELIEF REQUESTED: An order compelling Plaintiffs to provide answers, without objections, to Special/Contention Interrogatories, Set 1, served on 5/14/24.  Additionally, Defendant requests an order imposing sanctions on Plaintiffs and/or their attorney in the amount of $1,675.00.

RULING: The motion is granted as set forth below.   

SUMMARY OF FACTS & PROCEDURAL HISTORY

This action arises out of a fire allegedly caused by an HVAC system in a rental property owned by Defendant San Fernando Valley Automotive, LLC (San Fernando) which allegedly caused damage to Plaintiffs’ Ted Shuzo Sakaida and Pamela A. Sakaida, Trustees of the Ted and Pamela Sakaida Revocable Trust dated December 31, 1991 (Plaintiffs) property which is located next door to San Fernando’s property.

On 1/22/24, Plaintiffs filed this action for negligence against San Fernando and its tenant Defendant Rock Time Transport, Inc. (Rock Time).  On 3/27/24, San Fernando answered the complaint and on 4/4/24, Rock Time answered the complaint.  On 4/5/24, Rock Time filed a cross-complaint against Plaintiffs which Plaintiffs answered on 5/6/24.

On 5/14/24, San Fernando served Plaintiffs with Special/Contention Interrogatories, Set 1, making responses due on or before 6/17/24.  (Levine Decl., Ex.A).  Having received no responses, on 6/21/24, San Fernando’s counsel emailed Plaintiffs’ counsel in an attempt to meet and confer and requested responses without objections by 6/30/24.  (Id., Ex.B).  Plaintiffs’ counsel did not respond or provide responses by the deadline.  (Levine Decl.).  A representative from Plaintiffs’ counsel’s office contacted San Fernando’s attorney on 7/12/24 indicating responses were being prepared.  (Robinson Decl.). 

On 7/16/24, San Fernando filed and served the instant motion seeking an order compelling Plaintiffs to provide answers, without objections, to Special/Contention Interrogatories, Set 1, served on 5/14/24.  Additionally, Defendant requests an order imposing sanctions on Plaintiffs and/or their attorney in the amount of $1,675.00.  Plaintiffs have opposed the motion and San Fernando has filed a reply to the opposition. 

ANALYSIS 

In the opposition, Plaintiffs’ counsel indicates that the failure to serve responses to the subject discovery was due to a calendaring error for the response date.  The opposition indicates that on 7/12/24, a representative from Plaintiffs’ counsels’ office telephoned San Fernando’s counsel stating that responses were being prepared and Plaintiffs needed additional time due to health issues their attorney was experiencing.  (Robinson Decl.).  On 7/30/24, Plaintiffs served responses to the subject interrogatories.  (Kaufman Decl., Ex.1).  Based on the foregoing, Plaintiffs claim the request to compel responses is moot and ask that sanctions not be imposed.

In the reply, San Fernando requests that, even though responses to the interrogatories have been provided, the Court still impose sanctions against Plaintiffs and/or their attorney because Plaintiffs’ counsel’s office did not inform them of the delay in providing responses until 7/12/24 which San Fernando’s counsel claims was after the motion was drafted.

The Court finds that Plaintiffs’ claim that the motion is moot due to the service of responses on 7/31/24 is without merit.  Due to Plaintiffs’ failure to serve timely responses to the subject interrogatories, they waived objections to same.  CCP 2030.290(a).  The responses served on 7/31/24 include objections.  (See Kaufman Decl., Ex.1, p.3:5-p.4:4 (pdf 9-10 “General Objections”).  As such, San Fernando is entitled to an order compelling Plaintiffs to provide responses without objections.

Based on Plaintiffs’ failure to comply with their discovery obligations, San Fernando is entitled to an award of sanctions against Plaintiffs and their attorney, Jack E. Kaufman.  CCP 2030.290(c).  However, the Court finds that the amount of time claimed to have been spent preparing the motion to be excessive.  Therefore, sanctions are reduced to $1,000.00 (2 hours to prepare the motion + 2 hours to review the opposition, prepare the reply and appear at the hearing multiplied by $250/hour).

CONCLUSION

The motion is granted.  Plaintiffs are ordered to provide verified responses without objections to San Fernando’s Special/Contention Interrogatories, Set 1, within 30 days.  Sanctions in the amount of $1,000.00 are imposed against Plaintiffs and their attorney, Jack E. Kaufman, payable within 30 days.