Judge: Michelle C. Kim, Case: 21STCV32581, Date: 2023-08-16 Tentative Ruling

Case Number: 21STCV32581    Hearing Date: August 16, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

ZHIKUI JIANG, 

Plaintiff(s),  

vs. 

 

VDINH, LLC, ET AL., 

 

Defendant(s). 

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      CASE NO: 21STCV32581 

 

[TENTATIVE] ORDER GRANTING DEFENDANT’S UNOPPOSED MOTION TO COMPEL 

 

Dept. 31 

1:30 p.m.  

August 16, 2023 

 

Defendants Vdinh, LLC and Vinh Dinh (“Defendants”) propounded form interrogatories, set two, on Plaintiff Zhikui Jiang (“Plaintiff”) on January 27, 2023.  To date, Plaintiff has not served responses. Defense counsel avers that Plaintiff never requested any extensions. Defendants therefore seek an order compelling Plaintiff to respond to the outstanding discovery and to pay sanctions. Any opposition was due on or before August 3, 2023. No opposition has been filed. 

 

Defendants’ motion is granted.  Plaintiff is ordered to serve verified responses, without objections, to form interrogatories, set two, within twenty (20) days. (CCP §§ 2030.290(a),(b).) 

 

Sanctions are mandatory against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a response to interrogatories, unless a court makes certain findings.¿ (Code Civ. Proc., § 2030.290(c), 2031.300(c).)¿ No opposition was filed. However, sanctions may be awarded, even though no opposition is filed pursuant to CRC 3.1348(a). Defendants seek sanctions in the amount of $900 for the motion. Sanctions are awarded, but reduced.  

Defendants are awarded 1 hour for preparing the motion to compel form interrogatories and 1 hour to appear at the hearing at the requested rate of $225 per hour, for a total of $500 in attorney fees. Defendant does not request motion filing fees, and therefore no costs are awarded. 

 

Defendants seek sanctions against Plaintiff and Plaintiff’s Counsel.  Sanctions are imposed against Plaintiff and Plaintiff’s attorney of record, jointly and severally.  Plaintiff and/or Plaintiff’s counsel are ordered to pay sanctions to Defendants, by and through counsel of record, in the total amount of $500, within twenty (20) days. 

 

Defendants are ordered to give notice.   

 

PLEASE TAKE NOTICE: 

  • Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement. 

  • If a party intends to submit on this tentative ruling,¿the party must send an email to the court at¿sscdept31@lacourt.org¿with the Subject line “SUBMIT” followed by the case number.¿ The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.¿¿ 

  • Unless¿all¿parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.¿ You should assume that others may appear at the hearing to argue.¿¿ 

  • If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.¿ After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave.¿ 

 

Dated this 15th day of August 2023 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court