Judge Randy Rhodes, Case 21CHCV00170 2022-10-28 Tentative Ruling

Judge: Randy Rhodes, Case: 21CHCV00170, Date: 2022-10-28 Tentative Ruling

Case Number: 21CHCV00170 Hearing Date: October 28, 2022 Dept: F51

Dept. F-51

Date: 10-28-22 Trial Date: 5/01/23

Case # 21CHCV00170

MOTION TO DEEM REQUEST FOR ADMISSION (SET ONE) ADMITTED; COMPEL RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS (SET ONE); AND COMPEL RESPONSES TO PLAINTIFF’S FORM INTERROGATORIES (SET ONE) TO DEFENDANT HOUSINGASSITANT.ORG

Motions filed on 8/08/22 (amended motions).

MOVING PARTY: Plaintiff Gloria Brown

RESPONDING PARTY: None

NOTICE: ok

RELIEF REQUESTED:

Plaintiff moves to have her Requests for Admission (Set One) to defendant housingassistant.org (Defendant) deemed admitted. Plaintiff further seeks sanctions, reimbursement of costs, and attorney’s fees against Defendant and its attorney of record Solomon Gresen in the amount of

$3,437.50 under Cal. Civ. Proc. Code § 2033.280 (c).

Plaintiff requests an order compelling Defendant to serve written responses, without objection, and produce documents responsive to her Requests for Production of Documents (Set One) within ten (10) days of entry of the order. Plaintiff further seeks sanctions, reimbursement of costs, and attorney’s fees against Defendant housingassistant.org and its attorney of record Solomon Gresen, in the amount of $3,810.00 under Cal. Civ. Proc. Code § 2031.300(c).

Plaintiff requests an order compelling Defendant housingassistant.org to respond to Plaintiff’s Form Interrogatories (Set One), without objection, within ten days of entry of an order on this motion. Plaintiff further seeks monetary sanctions of the attorney’s fees incurred in connection with this discovery dispute against Defendant housingassistant.org and its attorney of record Solomon Gresen, in the amount of $2,812.50 under Cal. Civ. Proc. Code § 2030.290(c), payable within ten days of entry of an order on this motion.

RULING: (1) GRANT Motion to Deem Request for Admission (Set One) Admitted as to Defendant and GRANT motion for monetary sanctions; (2) GRANT Motion to Compel Responses to Requests for Production of Documents (Set One) and GRANT motion for monetary sanctions; (3) GRANT Motion to Compel Responses To Plaintiff’s Form Interrogatories (Set One) and GRANT motion for monetary sanctions.

This action arises out of Plaintiff’s claim that defendants, including Defendant, schemed to solicit and victimize her so that they could profit from the eventual loss of Plaintiff’s home.

Motion to Deem Request for Admission (Set One) Admitted as to Defendant

On 5/13/21, Plaintiff propounded the subject discovery on Defendant by electronic mail at seg@rglawyers.com and jacob@stelnick.law. (Requests for Admissions (RFA), Spencer Decl. ¶ 3., Exh. A.). The email address of record for Defendant’s attorney, Solomon Gresen, is jh@rglawyers.com. (See eCourt, “Parties”). The instant motion, which requests an order deeming Requests for Admissions, Set 1, served on Defendant by Plaintiff Gloria Brown admitted and the imposition of sanctions against Defendant and his attorney of record in the amount of $3,437.50, was served on steffanie@stelnicklaw.com, seg@rglawyers.com, zs@rglawyers.com, BTaylor@cozen.com, ARincon@cozen.com, bdmaclaw@gmail.com, iamin@talglaw.com, and kvescera@talglaw.com. (See Amended Motion, Proof of Service).

The email address for attorney Solomon Gresen in email exchanges between counsel appears to be seg@rglawyers.com. (See Spencer Declaration, Exhibit C). However, attorney Solomon Gresen’s 6/14/21 email indicates that he was the only person at his firm who received service of the discovery implying that service should also have been made on others (i.e., the email address of record). (See Spencer Declaration, Exhibit B). Attorney Solomon Gresen’s 7/7/21 email also indicates he was having issues with receiving emails, and he requested that his paralegal be copied at zs@rglawyers.com on all future correspondence. (See Spencer Declaration, Exhibit C). Plaintiff filed an amended motion serving the papers on the emails listed above, including Attorney Gresen’s paralegal’s email, zs@rglawyers.com. However, Plaintiff did not serve the amended motion to attorney Gresen’s email address of record as noted above. No response/opposition to the motion has been filed.

If counsel for Defendant appears at the hearing and concedes receipt of the underlying discovery and the instant motion, the request to deem Requests for Admissions, Set 1, admitted will be GRANTED as Defendant failed to serve responses thereto. Code of Civil Procedure Section 2033.280(a)-(c). In such case, Defendant’s counsel must also clarify its email address of record for future service.

In Plaintiff’s amended motion, Plaintiff requests monetary sanctions against Defendant and its counsel of record Solomon Gresen for their misuse of the discovery process. Since sanctions are mandatory under such circumstances, the Court GRANTS Plaintiff’s requests for sanctions under Code of Civil Procedure Section 2033.280(b)-(c).

Code of Civil Procedure Section 2023.040 provides:

A request for a sanction shall, in the notice of motion, identify every person, party, and attorney against whom the sanction is sought, and specify the type of sanction sought. The notice of motion shall be supported by a memorandum of points and authorities and accompanied by a declaration setting forth facts supporting the amount of any monetary sanction sought.

Here, Plaintiff states that sanctions are sought against “housingassistant.org and its counsel of record Solomon Gresen.” (Amended Mot., p. 2:13-14.) The Court finds the $3,437.50 requested for the motion to be excessive and reduces the amount to $2,810.00. The Court reduces the $625 hourly rate to $500 per hour but finds the number of hours spent to be reasonable ($500 x (3.5 + 1 + 1)). The cost of filing the motion was $60.00. The Court awards Plaintiff $2,810.00 in sanctions against Defendant and its counsel.

If Defendant does not appear at the hearing and/or claims not to have received the underlying discovery and/or motion, the hearing will be placed off calendar (continued) due to defective service. The underlying discovery (and a subsequent motion, if necessary) will then have to be re-served on either the physical or electronic mail address of record for Defendant’s counsel.

Motion to Compel Responses to Requests for Production of Documents (Set One) to Defendant

On 5/7/21, Plaintiff propounded the subject discovery on Defendant by electronic mail at seg@rglawyers.com. (Requests for Production of Documents (RPD), Spencer Declaration ¶ 3, Exhibit A, Proof of Service). The email address of record for Defendant’s attorney, Solomon Gresen, is jh@rglawyers.com. (See eCourt, “Parties”). The instant motion, which requests an order compelling Defendant housingassistant.com to serve written responses, without objection, and produce documents responsive to Plaintiff Gloria Brown’s Requests for Production of Documents, Set 1, without objection, within 10 days and requests sanctions against Defendant and its attorneys of record in the amount of $3,810.00, was served on steffanie@stelnicklaw.com, seg@rglawyers.com, zs@rglawyers.com, BTaylor@cozen.com, ARincon@cozen.com, bdmaclaw@gmail.com, iamin@talglaw.com, and kvescera@talglaw.com.. (See Amended Motion, Proof of Service).

If counsel for Defendant appears at the hearing and concedes receipt of the underlying discovery and the instant motion, the request to compel written responses without objections and for the production of responsive documents to Plaintiff’s Requests for Production of Documents, Set 1, will be GRANTED as Defendant housingassistant.org failed to serve timely responses. Code of Civil Procedure Section 2031.300(a), (b). Responses will be due within 30 days. In such case, Defendant’s counsel must also clarify its email address of record for future service.

Code of Civil Procedure Section 2023.040 provides: A request for a sanction shall, in the notice of motion, identify every person, party, and attorney against whom the sanction is sought, and specify the type of sanction sought. The notice of motion shall be supported by a memorandum of points and authorities, and accompanied by a declaration setting forth facts supporting the amount of any monetary sanction sought.

Here, Plaintiff states that sanctions are sought against “housingassistant.org and its counsel of record Solomon Gresen.” (Amended Mot., p. 2:15-16.) The Court finds the $3,810.00 requested for the motion to be excessive and reduces the amount to $2,560.00. The Court reduces the $625 hourly rate to $500 per hour and reduces the number of hours spent to 5 hours in total ($500 x (3 + 1 + 1)). The cost of filing the motion was $60.00. The Court awards Plaintiff $2,560.00 in sanctions against Defendant and its counsel.

Motion to Compel Responses To Plaintiff’s Form Interrogatories (Set One) To Defendant

On 5/13/21, Plaintiff propounded the subject discovery on Defendant by electronic mail at seg@rglawyers.com. (Form Interrogatories, Spencer Declaration ¶ 3, Exhibit A, Proof of Service). The email address of record for Defendant’s attorney, Solomon Gresen, is jh@rglawyers.com. (See eCourt, “Parties”). The instant motion, which requests an order compelling Defendant housingassistant.com to respond to Plaintiff Gloria Brown’s Form Interrogatories, Set 1, without objection, within 10 days and requests sanctions against Defendant and its attorney of record in the amount of $2,812.50, was served on steffanie@stelnicklaw.com, seg@rglawyers.com, zs@rglawyers.com, BTaylor@cozen.com, ARincon@cozen.com, bdmaclaw@gmail.com, iamin@talglaw.com, and kvescera@talglaw.com. (See Amended Motion, Proof of Service).

The email address for attorney Solomon Gresen in email exchanges between counsel appears to be seg@rglawyers.com. (See Spencer Declaration, Exhibit C). However, attorney Solomon Gresen’s 6/14/21 email indicates that he was the only person at his firm who received service of the discovery implying that service should also have been made on others (i.e., the email address of record). (See Spencer Declaration, Exhibit B). Attorney Solomon Gresen’s 7/7/21 email also indicates he was having issues with receiving emails and he requested that his paralegal be copied at zs@rglawyers.com on all future correspondence. (See Spencer Declaration, Exhibit C). Plaintiff filed an amended motion serving the papers on the emails listed above, including Attorney Gresen’s paralegal’s email, zs@rglawyers.com. However, Plaintiff did not serve the amended motion to attorney Gresen’s email address of record as noted above. No response/opposition to the motion has been filed.

If counsel for Defendant appears at the hearing and concedes receipt of the underlying discovery and the instant motion, the request to compel responses without objections to Form Interrogatories, Set 1, will be GRANTED as Defendant housingassistant.org failed to serve timely responses. Code of Civil Procedure Section 2030.290(a), (b). Responses will be due within 30 days. In such case, Defendant’s counsel must also clarify its email address of record for future service.

Here, Plaintiff states that sanctions are sought against “housingassistant.org and its counsel of record Solomon Gresen.” (Amended Mot., p. 2:15-16.) The Court finds the $2,812.50 requested for the motion to be excessive and reduces the amount to $2,370.00. The Court reduces the $625 hourly rate to $500 per hour but finds the number of hours spent to be reasonable ($500 x (2.5 + 1 + 1)). The cost of filing the motion was $60.00. The Court awards Plaintiff $2,370.00 in sanctions against Defendant and its counsel.