Judge: Monica Bachner, Case: 19STCV17542, Date: 2022-09-02 Tentative Ruling

Department 71: Attorneys who elect to submit on these published tentative rulings, without making an appearance at the hearing, may so notify the Court by communicating this to the Department's staff at (213) 830-0771 before the set hearing time.  See, e.g., CRC Rule 324(b).   All parties are otherwise encouraged to appear by Court Call for all matters.

Case Number: 19STCV17542    Hearing Date: September 2, 2022    Dept: 71

SUPERIOR COURT OF CALIFORNIA

COUNTY OF LOS ANGELES

DEPARTMENT 71

TENTATIVE RULING

Defendants Balubhai Patel’s, Hemlataben Patel’s, and BDVJ Investments, LLC’s motion to compel Plaintiff Luana Vega to provide responses to Requests for Production, Special Interrogatories, and Form Interrogatories is granted.  Plaintiff Luana Vega is ordered to provided responses within 15 days.

Defendants’ motion to compel Plaintiff Raleigh Irby to provide responses to Requests for Production, Special Interrogatories, and Form Interrogatories is granted. Plaintiff Raleigh Irby is ordered to provided responses within 15 days.

Defendants’ motion to compel Plaintiff Robert Mitchell to provide responses to Requests for Production, Special Interrogatories, and Form Interrogatories is granted. Plaintiff Robert Mitchell is ordered to provided responses within 15 days.

Defendants’ motion to compel Plaintiff Johnny Donnell to provide responses to Requests for Production, Special Interrogatories, and Form Interrogatories is granted. Plaintiff Johnny Donnell is ordered to provided responses within 15 days.

Plaintiff Vega is ordered to pay $827.50 in sanctions within 15 days; Plaintiff Irby is ordered to pay $827.50 in sanctions within 15 days; Plaintiff Mitchell is ordered to pay $457.50 in sanctions within 15 days; and Plaintiff Donnell is ordered to pay $827.50 in sanctions within 15 days.

          Twelve discovery motions are presently before the Court.  First, Defendants Balubhai Patel, Hemlataben Patel, and BDVJ Investments, LLC, move to compel Plaintiff Luana Vega to provide responses to Requests for Production (Set One), Special Interrogatories (Set One), and Form Interrogatories (Set One).  Second, Defendants move to compel Plaintiff Raleigh Irby to provide responses to Requests for Production (Set One), Special Interrogatories (Set One), and Form Interrogatories (Set One).  Third, Defendants move to compel Plaintiff Robert Mitchell to provide responses to Requests for Production (Set One), Special Interrogatories (Set One), and Form Interrogatories (Set One).  Fourth, Defendants move to compel Plaintiff Johnny Donnell to provide responses to Requests for Production (Set One), Special Interrogatories (Set One), and Form Interrogatories (Set One).  Finally, Defendants request monetary sanctions against Plaintiffs Vega, Irby, Mitchell, and Donnell in connection with each of its motions.  Defendants seek the total amount of $827.50 as to Vega; $827.50 as to Irby; $457.50 as to Mitchell; and $827.50 as to Donnell, for a total amount of $2,940.00.

          Background

Plaintiffs filed a Complaint against Defendants Balubhai Patel, Hemlataben Patel, BDVJ Investments, LLC, and Does 1 through 50 on May 21, 2019. (Compl. p. 1.)  Plaintiffs filed their First Amended Complaint on August 26, 2019, with causes of action for (1) Breach of Implied Warranty of Habitability; (2) Breach of Statutory Warranty of Habitability; (3) Breach of the Covenant of Quiet Enjoyment; (4) Negligence; (5) Violation of Civil Code section 1942.4; and (6) Private Nuisance.  (First Am. Compl. p. 1.)

On July 16, 2021, Defendants served Requests for Production (Set One), Special Interrogatories (Set One), and Form Interrogatories (Set One) upon Plaintiffs Luana Vega, Raleigh Irby, Robert Mitchell, and Johnny Donnell; Plaintiffs’ responses were due on or before August 19, 2021, and at present have not been served on Defendants.  (Defs.’ Mot. Compel Resps. Req. Produc. Docs. Pl. Luana Vega p. 3, Lezon Decl. ¶¶ 2–5, Ex. A; Defs.’ Mot. Compel Resps. Special Interrogs. Pl. Luana Vega p. 3, Lezon Decl. ¶¶ 2–5, Ex. A; Defs.’ Mot. Compel Resps. Form Interrogs. Pl. Luana Vega p. 3, Lezon Decl. ¶¶ 2–5, Ex. A; Defs.’ Mot. Compel Resps. Req. Produc. Docs. Pl. Raleigh Irby p. 3, Lezon Decl. ¶¶ 2–5, Ex. A; Defs.’ Mot. Compel Resps. Special Interrogs. Pl. Raleigh Irby p. 3, Lezon Decl. ¶¶ 2–5, Ex. A; Defs.’ Mot. Compel Resps. Form Interrogs. Pl. Raleigh Irby p. 3, Lezon Decl. ¶¶ 2–5, Ex. A; Defs.’ Mot. Compel Resps. Req. Produc. Docs. Pl. Robert Mitchell p. 3, Lezon Decl. ¶¶ 2–5, Ex. A; Defs.’ Mot. Compel Resps. Special Interrogs. Pl. Robert Mitchell p. 3, Lezon Decl. ¶¶ 2–5, Ex. A; Defs.’ Mot. Compel Resps. Form Interrogs. Pl. Robert Mitchell p. 3, Lezon Decl. ¶¶ 2–5, Ex. A; Defs.’ Mot. Compel Resps. Req. Produc. Docs. Pl. Johnny Donnell p. 3, Lezon Decl. ¶¶ 2–5, Ex. A; Defs.’ Mot. Compel Resps. Special Interrogs. Pl. Johnny Donnell p. 3, Lezon Decl. ¶¶ 2–5, Ex. A; Defs.’ Mot. Compel Resps. Form Interrogs. Pl. Johnny Donnell p. 3, Lezon Decl. ¶¶ 2–5, Ex. A.)

Motions to Compel Responses- Request for Production of Documents

Code of Civil Procedure section 2031.300 provides that “[i]f a party to whom an inspection demand is directed fails to serve a timely response to it . . . [t]he party making the demand may move for an order compelling response to the inspection demand.”  (Code Civ. Proc. § 2031.300(b).)  A party who fails to serve a timely response to a demand for production of documents “waives any objection to the demand, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010).”  (Id. § 2031.300(a).)

Here, requests for production of documents were duly served on Plaintiffs Vega, Irby, Mitchell, and Donnell, and Plaintiffs have not served responses on Defendants in compliance with the Civil Discovery Act.  Therefore, this Court grants Defendants’ request to compel Plaintiffs Vega, Irby, Mitchell, and Donnell to serve full and complete C.C.P.-compliant responses to Defendants’ Request for Production of Documents (Set One).

Motions to Compel Responses- Special and Form Interrogatories

Code of Civil Procedure section 2030.290 provides that “[i]f a party to whom interrogatories are directed fails to serve a timely response . . . [t]he party propounding the interrogatories may move for an order compelling response to the interrogatories.”  (Code Civ. Proc. § 2030.290(b).)  In addition, the party who fails to serve a timely response “waives any right to exercise the option to produce writings under Section 2030.230, as well as any objection to the interrogatories, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010).” (Id. § 2030.290(a).)

Here, interrogatories were duly served on Plaintiffs Vega, Irby, Mitchell, and Donnell, and Plaintiffs have not served answers on Defendants in compliance with the Civil Discovery Act.  Therefore, this Court grants Defendants’ request to compel Plaintiffs Vega, Irby, Mitchell, and Donnell to serve full and complete C.C.P.-compliant responses to Defendants’ Special and Form Interrogatories (Set One).

Sanctions- Motion to Compel Production of Documents

          Code of Civil Procedure section 2031.300 provides that the court “shall impose a monetary sanction under Chapter 7 . . . against any party . . . who unsuccessfully makes or opposes a motion to compel a response to a demand for inspection, copying, testing, or sampling,” unless the court finds the party subject to sanctions acted with substantial justification or that other circumstances make the imposition of sanctions unjust.  (Code Civ. Proc. § 2031.300(c).)  Defendants’ request for sanctions against Plaintiff Vega for $430.00, Plaintiff Irby for $430.00, Plaintiff Mitchell for $185.00, and Plaintiff Donnell for $430.00 are granted.  (Defs.’ Mot. Compel Resps. Req. Produc. Docs. Pl. Luana Vega, Lezon Decl. ¶ 6; Defs.’ Mot. Compel Resps. Req. Produc. Docs. Pl. Raleigh Irby, Lezon Decl. ¶ 6; Defs.’ Mot. Compel Resps. Req. Produc. Docs. Pl. Robert Mitchell, Lezon Decl. ¶ 6; Defs.’ Mot. Compel Resps. Req. Produc. Docs. Pl. Johnny Donnell, Lezon Decl. ¶ 6.)

Sanctions- Motion to Compel Responses to Special and Form Interrogatories

Code of Civil Procedure section 2031.300 provides that the court “shall impose a monetary sanction under Chapter 7 . . . against any party . . . who unsuccessfully makes or opposes a motion to compel a response to interrogatories,” unless the court find that the party subject to sanctions acted with substantial justification or that other circumstances make the imposition of the sanction unjust.  (Code. Civ. Proc. § 2030.290(c).)  Defendants’ request for sanctions against Plaintiff Vega for a total of $397.50, Plaintiff Irby for a total of $397.50, Plaintiff Mitchell for a total of $305.00, and Plaintiff Donnell for a total of $397.50 are granted.  (Defs.’ Mot. Compel Resps. Special Interrogs. Pl. Luana Vega, Lezon Decl. ¶ 6; Defs.’ Mot. Compel Resps. Form Interrogs. Pl. Luana Vega, Lezon Decl. ¶ 6; Defs.’ Mot. Compel Resps. Special Interrogs. Pl. Raleigh Irby, Lezon Decl. ¶ 6; Defs.’ Mot. Compel Resps. Form Interrogs. Pl. Raleigh Irby, Lezon Decl. ¶ 6; Defs.’ Mot. Compel Resps. Special Interrogs. Pl. Robert Mitchell, Lezon Decl. ¶ 6; Defs.’ Mot. Compel Resps. Form Interrogs. Pl. Robert Mitchell, Lezon Decl. ¶ 6; Defs.’ Mot. Compel Resps. Special Interrogs. Pl. Johnny Donnell, Lezon Decl. ¶ 6; Defs.’ Mot. Compel Resps. Form Interrogs. Pl. Johnny Donnell, Lezon Decl. ¶ 6.)

Based on the foregoing, Defendants’ requests for monetary sanctions in connection with its motions to compel Defendants’ responses to Requests for Production, Special Interrogatories, and Form Interrogatories are granted in the total amounts of $827.50 against Plaintiff Vega, $827.50 against Plaintiff Irby, $457,50 against Plaintiff Mitchell, and $827.50 against Plaintiff Donnell.

Dated:  September  _____, 2022

Hon. Monica Bachner

Judge of the Superior Court