Judge Peter A. Hernandez, Case Number: 21PSCV00889, Date: 2023-07-10 Tentative Ruling

Judge: Peter A. Hernandez, Case: 21PSCV00889, Date: 2023-07-10 Tentative Ruling

Case Number: 21PSCV00889 Hearing Date: July 10, 2023 Dept: K

1. Plaintiff Guangliang Zeng’s Motion to Compel Initial Responses to First Set of Requests for Admission Propounded on Defendant California Investment Regional Center LLC is GRANTED. Pursuant to Code of Civil Procedure § 2033.280, subdivision (b), the court orders the truth of all matters specified and the genuineness of all documents specified in Plaintiff’s Requests for Admissions, Set No. One, deemed admitted. Sanctions are imposed in the reduced amount of $310.00 and are payable within 30 days of the date of the notice of ruling.

2. Plaintiff Guangliang Zeng’s Motion to Compel Initial Responses to First Set of Form Interrogatories—General Propounded on Defendant California Investment Regional Center LLC is GRANTED. CIRC is to provide verified responses, without objections, to Plaintiff’s Form Interrogatories, Set No. One, within 20 days from the date of the notice of ruling. Sanctions are awarded in the reduced amount of $310.00 and are payable within 30 days from the date of the notice of ruling.

3. Plaintiff Guangliang Zeng’s Motion to Compel Initial Responses to First Set of Special Interrogatories Propounded on Defendant California Investment Regional Center LLC is GRANTED. CIRC is to provide verified responses, without objections, to Plaintiff’s Special Interrogatories, Set No. One, within 20 days from the date of the notice of ruling. Sanctions are awarded in the reduced amount of $310.00 and are payable within 30 days from the date of the notice of ruling.

4. Plaintiff Guangliang Zeng’s Motion to Compel Initial Responses to First Set of Requests for Production of Documents Propounded on Defendant California Investment Regional Center LLC is GRANTED. CIRC is to provide verified responses, without objections, to Plaintiff’s Requests for Production of Documents, Set No. One, within 20 days from the date of the notice of ruling. Sanctions are awarded in the reduced amount of $310.00 and are payable within 30 days from the date of the notice of ruling.

5. Plaintiff Guangliang Zeng’s Motion to Compel Initial Responses to First Set of Requests for Admission Propounded on Defendant Zhong Fang is GRANTED. Pursuant to Code of Civil Procedure § 2033.280, subdivision (b), the court orders the truth of all matters specified and the genuineness of all documents specified in Plaintiff’s Requests for Admissions, Set No. One, deemed admitted. Sanctions are imposed in the reduced amount of $310.00 and are payable within 30 days of the date of the notice of ruling.

6. Plaintiff Guangliang Zeng’s Motion to Compel Initial Responses to First Set of Form Interrogatories—General Propounded on Defendant Zhong Fang is GRANTED. Fang is to provide verified responses, without objections, to Plaintiff’s Form Interrogatories, Set No. One, within 20 days from the date of the notice of ruling. Sanctions are awarded in the reduced amount of $310.00 and are payable within 30 days from the date of the notice of ruling.

7. Plaintiff Guangliang Zeng’s Motion to Compel Initial Responses to First Set of Special Interrogatories Propounded on Defendant Zhong Fang is DENIED without prejudice.

8. Plaintiff Guangliang Zeng’s Motion to Compel Initial Responses to First Set of Requests for Production of Documents Propounded on Defendant Zhong Fang is GRANTED. Fang is to provide verified responses, without objections, to Plaintiff’s Requests for Production of Documents, Set No. One, within 20 days from the date of the notice of ruling. Sanctions are awarded in the reduced amount of $310.00 and are payable within 30 days from the date of the notice of ruling.

Background

Plaintiff Guangliang Zeng (“Plaintiff”) alleges as follows:

Plaintiff is a Chinese citizen; Defendant California Investment Regional Center LLC (“CIRC”) is a regional center for EB-5 investment immigration. On June 5, 2014, Plaintiff signed a “U.S. EB-5 Investment Immigration Agreement” and “EB-5 Investment Management Agreement” (collectively, “Investment Agreements”) with CIRC and paid $500,000.00. On June 30, 2017 and November 13, 2019, Plaintiff and CIRC signed a “Refund Agreement” and “Deferred Refund Agreement” (collectively, “Refund Agreement”). CIRC failed to refund the amount as agreed.

On October 29, 2021, Plaintiff filed a complaint, asserting a cause of action against CIRC, Zhong Fang (“Fang”) and Does 1-50 for:

1. Breach of Contract

The Final Status Conference is set for October 25, 2023. Trial is set for November 6, 2023.

1. Motion to Compel Re: Requests for Admission Re: CIRC

Legal Standard

A response to requests for admission is due 30 days after service. (Code Civ. Proc., §

2033.250, subd. (a).) “If a party to whom requests for admission are directed fails to serve a

timely response, . . .[t]he requesting party may move for an order that the genuineness of any

documents and the truth of any matters specified in the requests be deemed admitted. . .” (Code

Civ. Proc., § 2033.280, subd. (b).) “The court shall make this order, unless it finds that the party

to whom the requests for admission have been directed has served, before the hearing on the

motion, a proposed response to the requests for admission that is in substantial compliance with

Section 2033.220. . .” (Code Civ. Proc., § 2033.280, subd. (c).)

“It is mandatory that the court impose a monetary sanction . . . on the party or attorney, or both,

whose failure to serve a timely response to requests for admission necessitated this motion.”

(Code Civ. Proc., § 2033.280, subd. (c).)

Discussion

Plaintiff moves the court to compel CIRC to provide Code-compliant initial responses to Plaintiff’s Requests for Admissions, Set No. One. Plaintiff also seeks attorney’s fees and costs against CIRC and its counsel of record in the amount of $1,579.31.

At the outset, the court notes that the Discovery Code does not provide for a “Motion to Compel Initial Responses to Requests for Admissions;” rather, Code of Civil Procedure § 2033.280, subsection (b) authorizes “an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted . . .” The instant motion is made pursuant to Code of Civil Procedure § 2033.280; accordingly, the court construes same as a “Motion to Deem Requests for Admissions Admitted.”

Plaintiff’s counsel Mengmei Xu (“Xu”) represents as follows: Plaintiff served the subject discovery on February 13, 2023. (Xu Decl., ¶ 7, Exh. 6.) CIRC’s responses were due on March 17, 2021. (Id., ¶ 8). CIRC has not provided any responses nor sought an extension. (Id.)

The motion is unopposed. The motion is granted. Pursuant to Code of Civil Procedure §

2033.280, subdivision (b), the court orders the truth of all matters specified and the

genuineness of all documents specified in Plaintiff’s Requests for Admissions, Set No. One,

propounded by Plaintiff to CIRC deemed admitted.

Sanctions

Plaintiff seeks sanctions against CIRC and its counsel in the amount of $1,579.31 [calculated as follows: 3.5 hours meeting/conferring and preparing motion, plus 2.5 hours reviewing opposition, preparing reply and appearing at hearing at $250.00/hour, plus $79.31 motion 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 instant motion is $310.00 (i.e., 1 hour at $250.00/hour, plus $60.00 filing fee). Sanctions are payable within 30 days from the date of the hearing.

2. Motion to Compel Re: Form Interrogatories Re: CIRC

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

Plaintiff moves the court for an order compelling CIRC to serve Code-compliant initial responses, without objections, to Plaintiff’s Form Interrogatories, Set No. One. Plaintiff also seeks sanctions against CIRC and its counsel of record in the amount of $1,516.81.

See synopsis of Motion #1.

The motion is unopposed. The motion is granted. CIRC is to provide verified responses, without objections, to Plaintiff’s Form Interrogatories, Set No. One, within 20 days from the date of the notice of ruling.

Sanctions

Plaintiff seeks sanctions against CIRC and its counsel in the amount of $1,516.81 [calculated as follows: 3.25 hours meeting/conferring and preparing motion, plus 2.5 hours reviewing opposition, preparing reply and appearing at hearing at $250.00/hour, plus $79.31 motion fee].

3. Motion to Compel Re: Special Interrogatories Re: CIRC

Legal Standard

See Motion #2.

Discussion

Plaintiff moves the court for an order compelling CIRC to serve Code-compliant initial responses, without objections, to Plaintiff’s Special Interrogatories, Set No. One. Plaintiff also seeks sanctions against CIRC and its counsel of record in the amount of $1,516.81.

See synopsis of Motion #1.

The motion is unopposed. The motion is granted. CIRC is to provide verified responses, without objections, to Plaintiff’s Special Interrogatories, Set No. One, within 20 days from the date of the notice of ruling.

Sanctions

4. Motion to Compel Re: Requests for Production of Documents Re: CIRC

Legal Standard

A response to a request for production of documents is due 30 days after service. (Code Civ.

Proc., § 2031.260, subd. (a).) “If a party to whom a demand for inspection, copying, testing, or

sampling 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 demand.” (Code Civ. Proc., § 2031.300, subd. (b).)

“[T]he court shall impose a monetary sanction . . . against any party, person, or attorney who

unsuccessfully makes or opposes a motion to compel a response to a demand for inspection,

copying, testing, or sampling, 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., § 2031.300, subd. (c).)

Discussion

Plaintiff moves the court for an order compelling CIRC to serve Code-compliant initial responses, without objections, to Plaintiff’s Requests for Production of Documents, Set No. One. Plaintiff also seeks sanctions against CIRC and its counsel of record in the amount of $1,579.31.

See synopsis of Motion #1.

The motion is unopposed. The motion is granted. The motion is granted. CIRC is to provide verified responses, without objections, to Plaintiff’s Requests for Production of Documents, Set No. One, within 20 days from the date of the notice of ruling.

Sanctions

5. Motion to Compel Re: Requests for Admission Re: Fang

Legal Standard

See Motion #1.

Discussion

Plaintiff moves the court to compel Fang to provide Code-compliant initial responses to Plaintiff’s Requests for Admissions, Set No. One. Plaintiff also seeks attorney’s fees and costs against Fang and his counsel of record in the amount of $1,579.31.

Again, at the outset, the court notes that the Discovery Code does not provide for a “Motion to Compel Initial Responses to Requests for Admissions;” rather, Code of Civil Procedure § 2033.280, subsection (b) authorizes “an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted . . .” The instant motion is made pursuant to Code of Civil Procedure § 2033.280; accordingly, the court construes same as a “Motion to Deem Requests for Admissions Admitted.”

See Motion #1.

The motion is unopposed. The motion is granted. Pursuant to Code of Civil Procedure §

2033.280, subdivision (b), the court orders the truth of all matters specified and the

genuineness of all documents specified in Plaintiff’s Requests for Admissions, Set No. One,

propounded by Plaintiff to Fang deemed admitted.

Sanctions

Plaintiff seeks sanctions against Fang and his counsel in the amount of $1,579.31 [calculated as follows: 3.5 hours meeting/conferring and preparing motion, plus 2.5 hours reviewing opposition, preparing reply and appearing at hearing at $250.00/hour, plus $79.31 motion fee].

6. Motion to Compel Re: Form Interrogatories Re: Fang

Legal Standard

See Motion #2.

Discussion

Plaintiff moves the court for an order compelling Fang to serve Code-compliant initial responses, without objections, to Plaintiff’s Form Interrogatories, Set No. One. Plaintiff also seeks sanctions against Fang and his counsel of record in the amount of $1,516.81.

See synopsis of Motion #1.

The motion is unopposed. The motion is granted. Fang is to provide verified responses, without objections, to Plaintiff’s Form Interrogatories, Set No. One, within 20 days from the date of the notice of ruling.

Sanctions

Plaintiff seeks sanctions against Fang and his counsel in the amount of $1,516.81 [calculated as follows: 3.25 hours meeting/conferring and preparing motion, plus 2.5 hours reviewing opposition, preparing reply and appearing at hearing at $250.00/hour, plus $79.31 motion fee].

7. Motion to Compel Re: Special Interrogatories Re: Fang

Legal Standard

See Motion #2.

Discussion

Plaintiff moves the court for an order compelling Fang to serve Code-compliant initial responses, without objections, to Plaintiff’s Special Interrogatories, Set No. One. Plaintiff also seeks sanctions against Fang and his counsel of record in the amount of $1,516.81.

Plaintiff’s motion is not accompanied by a supporting declaration from Xu; accordingly, the motion is denied without prejudice on this basis.

8. Motion to Compel Re: Requests for Production of Documents Re: Fang

Legal Standard

See Motion #4.

Discussion

Plaintiff moves the court for an order compelling Fang to serve Code-compliant initial responses, without objections, to Plaintiff’s Requests for Production of Documents, Set No. One. Plaintiff also seeks sanctions against Fang and his counsel of record in the amount of $1,579.31.

See synopsis of Motion #1.

The motion is unopposed. The motion is granted. The motion is granted. Fang is to provide verified responses, without objections, to Plaintiff’s Requests for Production of Documents, Set No. One, within 20 days from the date of the notice of ruling.

Sanctions