Judge Peter A. Hernandez, Case 21PSCV00742 2022-10-05 Tentative Ruling

Judge: Peter A. Hernandez, Case: 21PSCV00742, Date: 2022-10-05 Tentative Ruling

Case Number: 21PSCV00742 Hearing Date: October 5, 2022 Dept: O

1. Defendant Kent Edward Buckley’s Motion to Compel Responses to Form Interrogatories, Set One is GRANTED. Plaintiff is ordered to provide verified responses, without objections, to Kent’s Form Interrogatories, Set No. One, within 30 days from the date of the notice of ruling. Sanctions are awarded in the reduced amount of $411.65 and are payable, jointly and severally, within 30 days from the date of the notice of ruling.

2. Defendant Kent Edward Buckley’s Motion to Compel Responses to Special Interrogatories, Set One is GRANTED. Plaintiff is ordered to provide verified responses, without objections, to Kent’s Special Interrogatories, Set No. One, within 30 days from the date of the notice of ruling. Sanctions are awarded in the reduced amount of $411.65 and are payable, jointly and severally, within 30 days from the date of the notice of ruling.

Background

Plaintiff Martha Buckley (“Plaintiff”) alleges as follows:

Plaintiff is the owner of the property located at 1433 East Maplegrove Street in West Covina (“Premises”). Plaintiff shared title to the Premises with her sons Wilbur Alexander (“Wilbur”) and Jared Buckley (“Jared”). On December 13, 2000, Plaintiff transferred her interests in the Premises by quitclaim deed to her separate property trust. In 2003, Jared transferred his interest in the Premises to Plaintiff’s separate property trust. In 2004, Wilbur transferred, in error, his interest in the Premises to Plaintiff and Plaintiff’s other son, Kent Edward Buckley (“Kent”), as joint tenants. Wilbur subsequently recorded a correction deed transferring his interest in the Premises to Plaintiff’s separate property trust. In 2017, Kent recorded a grant deed (trust transfer) transferring his interest in the Premises to his revocable living trust. In 2021, Plaintiff demanded that Kent record a deed transferring any interest Kent has in the Premises, but Kent has denied this request. Plaintiff disputes that she signed the deed recorded January 14, 2004 that purportedly granted Kent a joint tenancy interest in the Premises.

On February 4, 2022, Plaintiff filed a First Amended Complaint, asserting causes of action against Kent and Does 1-30 for:

1. Quiet Title

2. Slander of Title

3. Nuisance

4. Unjust Enrichment

A Case Management Conference is set for October 5, 2022.

1. Motion to Compel Re: Form Interrogatories

Legal Standard

A response to interrogatories is due 30 days after service. (Code Civ. Proc., § 2030.260, subd.

(a).) “If 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, subd. (b).)

The court shall impose a monetary sanction . . . against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a response to interrogatories, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust . . .” (Code Civ. Proc., § 2030.290, subd. (c).)

Discussion

Kent moves the court for an order compelling Plaintiff to provide responses, without objections, to Kent’s Form Interrogatories, Set One, within 10 days of the hearing. Kent also seeks sanctions against Plaintiff and/or her counsel of record, jointly and severally, in the amount of $1,761.65.

On July 13, 2022, the subject discovery was personally served. (Little Decl., ¶ 2, Exh. A.) Kent has not received responses thereto, as of the August 24, 2022 filing date of the motion. (Id., ¶ 4.)

The motion is granted. Plaintiff is ordered to provide verified responses, without objections, to Kent’s Form Interrogatories, Set No. One, within 30 days from the date of the notice of ruling.

Sanctions

Kent seeks sanctions against Plaintiff and/or her counsel of record, jointly and severally, in the amount of $1,761.65 [calculated as follows: 1 hour preparing motion, plus 1.5 hours reviewing opposition and preparing reply, plus 1.5 hours attending hearing at $425.00/hour, plus $61.65 filing fee].

Utilizing a Lodestar approach, and in view of the totality of the circumstances, the court finds that the total and reasonable amount of attorney’s fees and costs incurred for the work performed in connection with the pending motion is $411.65 (i.e., 1 hour at $350.00/hour, plus $61.65 filing fees). Sanctions are imposed jointly and severally and are payable within 30 days from the date of the notice of ruling.

2. Motion to Compel Re: Special Interrogatories

Legal Standard

See Motion #1.

Discussion

Kent moves the court for an order compelling Plaintiff to provide responses, without objections, to Kent’s Special Interrogatories, Set One, within 10 days of the hearing. Kent also seeks sanctions against Plaintiff and/or her counsel of record, jointly and severally, in the amount of $1,761.65.

See synopsis of Motion #1.

The motion is granted. Plaintiff is ordered to provide verified responses, without objections, to Kent’s Special Interrogatories, Set No. One, within 30 days from the date of the notice of ruling.

Sanctions