Judge: Michael Shultz, Case: 23STCV20033, Date: 2025-06-06 Tentative Ruling
Case Number: 23STCV20033 Hearing Date: June 6, 2025 Dept: 40
23STCV20033
Richard McCoy v. Joseph Rechtman, et al.
[TENTATIVE] ORDER GRANTING PLAINTIFF’S
MOTION TO COMPEL RESPONSES FROM DEFENDANT, JOSEPH RECHTMAN, AN INDIVIDUAL TO
PLAINTIFF’S FORM INTERROGATORIES – GENERAL; REQUEST FOR MONETARY SANCTIONS (Res.
No. 2934)
[TENTATIVE] ORDER GRANTING PLAINTIFF’S
MOTION TO COMPEL RESPONSES FROM DEFENDANT, JOSEPH RECHTMAN, AS TRUSTEE OF THE
HILLEL CHABD TRUST TO PLAINTIFF’S FORM INTERROGATORIES – GENERAL; REQUEST FOR
MONETARY SANCTIONS (Res. No. 2934)
TENTATIVE] ORDER GRANTING PLAINTIFF’S
MOTION TO COMPEL RESPONSES FROM DEFENDANT, JOSEPH RECHTMAN, AN INDIVIDUAL, TO
REQUEST FOR PRODUCTION OF DOCUMENTS; REQUEST FOR MONETARY SANCTIONS (Res. No.
2934)
[TENTATIVE] ORDER GRANTING PLAINTIFF’S
MOTION TO COMPEL RESPONSES FROM DEFENDANT, JOSEPH RECHTMAN, AS TRUSTEE OF THE
HILLEL CHABD TRUST TO REQUEST FOR PRODUCTION OF DOCUMENTS; REQUEST FOR MONETARY
SANCTIONS (Res. No. 2934)
[TENTATIVE] ORDER GRANTING MOTION FOR
AN ORDER DEEMING THE TRUTH OF MATTERS IN PLAINTIFF’S FIRST SET OF REQUESTS FOR
ADMISSION TO JOSEPH RECHTMAN, AN INDIVIDUAL; REQUEST FOR MONETARY SANCTIONS
(Res. No. 7791)
[TENTATIVE] ORDER GRANTING MOTION FOR
AN ORDER DEEMING THE TRUTH OF MATTERS IN PLAINTIFF’S FIRST SET OF REQUESTS FOR
ADMISSION TO JOSEPH RECHTMAN, AS TRUSTEE OF THE HILLEL CHABD TRUST; REQUEST FOR
MONETARY SANCTIONS (Res. No. 6192)
The first
amended complaint alleges claims arising from the alleged uninhabitable conditions
of residential real property leased by Plaintiff from Defendants. Defendant,
Joseph Rechtman, filed an answer on March 7, 2024, on behalf of himself and as
Trustee for the Hillel Chabd Trust.
A
non-attorney trustee cannot represent the trust as doing so would constitute
the unauthorized practice of law. (Cal. Bus. & Prof. Code § 6125.) There is
an exception to this rule where the trustee is the sole trustee, settlor, and
beneficiary of the trust. (Aulisio
v. Bancroft (2014) 230 Cal.App.4th 1516, 1523.)
It is not clear from the court’s record that the issue of the Trustee’s ability
to represent the trust as a non-attorney has been resolved.
The motions
now before the court involve Defendants’ failure to respond to written
discovery personally served on Defendants on February 3, 2025. Responses were
due by March 5, 2025. By letter dated March 27, 2025, Plaintiff sent a letter
to Defendants inquiring about responses and extended the deadline to April 11,
2025. Defendants failed to serve responses.
Plaintiff
timely served Mr. Rechtman with the six above-described motions. No opposition
has been filed.
Where a party
fails to timely respond to interrogatories and a document request, the court
has authority to compel a response. (Code Civ. Proc., §2030.290(b),
§2031.300(b).) Untimely responses result in a waiver of objections. (Code Civ.
Proc., § 2030.290(a), § 2031.300(a).)
Where a party
fails to respond to requests for admission, the court can deem the requests
admitted against the non-responding party unless it finds that the
non-responding party has subsequently served, before the hearing, a proposed
response to the requests that substantially complies with statutory
requirements. (Code
Civ. Proc., § 2033.280 subd. (c).) Imposition of sanctions is
mandatory where a party’s failure to respond to the requests necessitates the
motion. (Code
Civ. Proc., § 2033.280 subd. (c).)
There is no
evidence Defendants served responses to the requests for admission before the
hearing.
Plaintiff is
entitled to imposition of sanctions against Defendants for the failure to
respond to all discovery. Sanctions are imposed against Defendants as follows:
Against Joseph Rechtman, individually:
|
Motion re responses
to form interrogatories |
1.5 hours to
prepare the motion; 1 hour to appear x $700/ hour |
$1,750.00 |
|
Motion re responses
to document request |
1.5 hours to
prepare the motion x $700/hour |
$1,050.00 |
|
Motion re requests
for admission |
1.5 hours x $700 |
$1,050.00 |
|
TOTAL |
|
$3,850.00 |
Against Joseph Rechtman, Trustee for the Hillel
Chabd Trust:
|
Motion re responses
to form interrogatories |
1.5 hours to
prepare the motion $700/ hour |
$1,050.00 |
|
Motion re responses
to document request |
1.5 hours to
prepare the motion x $700/hour |
$1,050.00 |
|
Motion re requests
for admission |
1.5 hours x $700 |
$1,050.00 |
|
TOTAL |
|
$3,150.00 |
Based on the
foregoing, all six motions are GRANTED. Defendants, Joseph Rechtman,
individually, and Joseph Rechtman, Trustee, are ordered to serve verified
responses without objections to the form interrogatories and request for
production of documents in 15 days. The requests for admission are deemed
admitted against each Defendant. Defendants are ordered to pay sanctions
described above to Plaintiff within 15 days.
The court
sets a hearing for