Judge: Robert B. Broadbelt, Case: 18STCV00944, Date: 2023-04-20 Tentative Ruling
Tentative rulings are sometimes, but not always, posted. The purpose of posting a tentative ruling is to to help focus the argument. The posting of a tentative ruling is not an invitation for the filing of additional papers shortly before the hearing.
Case Number: 18STCV00944 Hearing Date: April 20, 2023 Dept: 53
Superior Court of California
County of Los Angeles – Central District
Department
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April
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[Tentative]
Order RE: plaintiff’s motion to compel responses to
form interrogatories |
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MOVING PARTY: Plaintiff Rabin Shaoulian dba
Olam Group
RESPONDING PARTY: Unopposed
Motion to Compel Responses to Form
Interrogatories
The court considered the moving papers filed in connection with this
motion. No opposition papers were filed.
DISCUSSION
Plaintiff Rabin Shaoulian dba Olam Group (“Plaintiff”) moves the court
for an order (1) compelling defendant Danny Siag (“Defendant”) to provide
responses to Plaintiff’s Form Interrogatories, Set Three, and (2) awarding
monetary sanctions in favor of Plaintiff and against Defendant in the amount of
$3,561.65.
If a party to whom interrogatories are directed fails to serve a
timely response, the propounding party may move for an order compelling
response to the interrogatories. (Code
Civ. Proc., § 2030.290, subd. (b).)
Plaintiff electronically served Defendant with the Form
Interrogatories, Set Three on December 9, 2022.
(Lisitsa Decl., Ex. A.) Although
Defendant purported to serve responses to this set of discovery on January 24,
2023 by emailing Plaintiff’s counsel a file entitled “DEF’S FURTHER RSP TO FORM
ROGS-SET THREE-RABIN SHAOULIAN,” Plaintiff’s counsel states that the attachment
instead “was a duplicate response to [Plaintiff’s] Demand for Production of
Documents, Set Three.” (Lisitsa Decl., ¶
10; Lisitsa Decl., Ex. B [email showing attachment names].) Thus, Defendant did not serve responses to
this discovery on January 24, 2023. Defendant
had not provided responses to Plaintiff’s Form Interrogatories, Set Three as of
the date that Plaintiff filed this motion.
(Lisitsa Decl., ¶ 15.)
Defendant has not filed opposition papers or other evidence with the
court showing that responses have been served.
The court therefore grants Plaintiff’s motion. (Code Civ. Proc., § 2030.290, subd.
(b).)
The court grants Plaintiff’s request for monetary sanctions against
Defendant. (Code Civ. Proc.,
§ 2030.290, subd. (c).) The court
finds that $1,461.65 (2 hours x $700 hourly rate + $61.65 in court costs) is a
reasonable amount of sanctions to impose against Defendant in connection with
this motion. (Lisitsa Decl.,
¶¶ 17-18.)
ORDER
The court grants plaintiff Rabin Shaoulian dba Olam Group’s motion to
compel responses to form interrogatories.
Pursuant to Code of Civil Procedure section 2030.290, the court orders
defendant Danny Siag to serve on plaintiff Rabin Shaoulian dba Olam Group full
and complete verified answers, without objections, to plaintiff Rabin Shaoulian
dba Olam Group’s Form Interrogatories, Set Three, that comply with Code of
Civil Procedure sections 2030.220 and 2030.250, subdivisions (a) and (b),
within 20 days of the date of service of this order.¿¿¿¿
The court grants plaintiff Rabin Shaoulian dba Olam Group’s request
for monetary sanctions.
The court orders defendant Danny Siag to pay sanctions to plaintiff
Rabin Shaoulian dba Olam Group in the amount of $1,461.65 within 30 days of the
date of service of this order.
The court orders plaintiff Rabin Shaoulian dba Olam Group to give
notice of this ruling.
IT IS SO ORDERED.
DATED:
_____________________________
Robert
B. Broadbelt III
Judge
of the Superior Court