Judge: Peter Wilson, Case: 30-2021-01191735, Date: 2023-06-15 Tentative Ruling
Defendant/Cross-Complainant Arthur Cohen (Cohen) seeks to compel Defendant GP Asset Resolution, LLC (GPAR) to provide responses to Form Interrogatories (FI) and to Requests for Production of Documents (RPD), and monetary sanctions in the amount of $2,461.65 for each motion, or a total of $4,923.30, for the attorney fees and costs incurred in connection with bringing these motions, against GPAR and/or its law firm, Parsekian Law Corporation.
Initially, Cohen sought to compel response to FI Nos. 1.1, 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, 4.1, 4.2, 12.1, 12.2, 12.3, 12.4, 12.5, 12.6, 12.7, 13.1, 13.2, 14.1, 14.2, 50.1, 50.2, 50.3, 50.4, 50.5, and 50.6 and RPD Nos. 1-59. After these Motions were filed, GPAR provided responses to the FIs and RPDs. ROA 1508, Parsekian Decl., ¶7 and Ex. B; ROA 1504, Parsekian Decl., ¶4 and Ex. B. Now Cohen seeks to compel further responses to FI Nos. 12.1, 12.2, 12.3, 12.4, 12.5, 12.6, 12.7, 13.1, 13.2, and 50.1 and RPD Nos. 1-59. ROA 1518, Reply, p. 6; ROA 1522, Reply, p. 7.
Since GPAR has provided its discovery responses, the Motions to Compel Responses are MOOT, and the Court declines to make any rulings at this point on whether GPAR’s responses are deficient and it should be compelled to provide further responses. The parties have not met and conferred regarding GPAR’s responses nor have the procedural requirements for a motion to compel further responses been met.
The Court GRANTS monetary sanctions in favor of Cohen and against Defendant and/or its law firm Parsekian Law Corporation in the total amount of $2,461.65 for the fees and costs incurred in preparing the motion to compel responses to the form interrogatories. ROA 1381, Murray Decl., ¶8.
As for the motion to compel response to requests for production of documents, the Court finds GPAR’s actions were substantially justified since the parties were in the midst of negotiating a Stipulation and Order Regarding the Format of Production of Documents. ROA 1504, Parsekian Decl., ¶¶2-4.
Moving party is ordered to give notice.