Judge: Robert B. Broadbelt, Case: 18STCV00944, Date: 2023-05-04 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: May 4, 2023    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

 

 

rabin shaoulian dba OLAM GROUP , et al.;

 

Plaintiffs,

 

 

vs.

 

 

DANNY SIAG , et al.;

 

Defendants.

Case No.:

18STCV00944

 

 

Hearing Date:

May 4, 2023

 

 

Time:

10:00 a.m.

 

 

 

[Tentative] Order RE:

 

(1)   plaintiff’s motion to compel further responses to form interrogatories, Set three

(2)   plaintiffs’ motion to compel further responses to demand for production of documents, set three

 

 

MOVING PARTY:                Plaintiff Sean Afshar

 

RESPONDING PARTY:       Unopposed

(1)   Motion to Compel Further Responses to Form Interrogatories, Set Three

MOVING PARTIES:             Plaintiffs Rabin Shaoulian dba Olam Group and Sean Afshar

 

RESPONDING PARTY:       Unopposed

(2)   Motion to Compel Further Responses to Demand for Production of Documents, Set Three

The court considered the moving papers filed in connection with each motion.  No opposition papers were filed.

 

MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES, SET THREE

Plaintiff Sean Afshar (“Afshar”) moves the court for an order (1) compelling defendant Danny Siag (“Defendant”) to provide further responses to Afshar’s Form Interrogatories, Set Three, number 17.1, and (2) awarding sanctions in favor of Afshar and against Defendant in the amount of $3,561.65.

The court grants Afshar’s motion to compel Defendant’s further answers to Form Interrogatories, Set Three, number 17.1 as to Requests for Admission numbers 1, 2, 7, 9, 12, 20, 23, and 25 because Defendant’s answers are evasive and incomplete.  (Code Civ. Proc., § 2030.300, subd. (a)(1).)

The court grants Afshar’s request for monetary sanctions against Defendant.  (Code Civ. Proc., § 2030.300, subd. (d).)  The court finds that $2,861.65 (4 hours x $700 hourly rate + $61.65 in costs) is a reasonable amount of sanctions to impose against Defendant in connection with this motion.  (Lisitsa Decl., ¶¶ 20-22.)

MOTION TO COMPEL FURTHER RESPONSES TO DEMAND FOR PRODUCTION OF DOCUMENTS, SET THREE

Plaintiffs Rabin Shaoulian dba Olam Group and Afshar (collectively, “Plaintiffs”) move the court for an order (1) compelling Defendant to provide further responses to Plaintiffs’ separate Demands for Production of Documents, Set Three, numbers 1-19, and (2) awarding sanctions in favor of Plaintiffs and against Defendant in the amount of $4,961.65.

The court grants Plaintiffs’ motion to compel Defendant’s further responses to their Demands for Production of Documents, numbers 1 through 19 because Defendant’s statements of compliance with these requests are incomplete.  (Code Civ. Proc., § 2031.310, subd. (a)(1).)

The court grants Plaintiffs’ request for monetary sanctions against Defendant.  (Code Civ. Proc., § 2031.310, subd. (h).)  The court finds that $2,161.65 (3 hours x $700 hourly rate + $61.65 in costs) is a reasonable amount of sanctions to impose against Defendant in connection with this motion.  (Lisitsa Decl., ¶¶ 21-22.)  

 

ORDER

The court grants plaintiff Sean Afshar’s motion to compel further responses to form interrogatories, set three.

Pursuant to Code of Civil Procedure section 2030.300, the court orders defendant Danny Siag to serve further, full and complete answers to plaintiff Sean Afshar’s Form Interrogatories, Set Three, number 17.1, as to Requests for Admission numbers 1, 2, 7, 9, 12, 20, 23, and 25, which comply with Code of Civil Procedure sections 2030.210-203.220, and 2030.250, within 20 days of the date of service of this order.¿¿

The court grants plaintiff Sean Afshar’s request for monetary sanctions against Danny Siag.  The court orders defendant Danny Siag to pay sanctions to plaintiff Sean Afshar in the amount of $2,861.65 within 30 days of the date of service of this order.

The court grants Rabin Shaoulian dba Olam Group and Sean Afshar’s motion to compel further responses to demands for production of documents, set three.

Pursuant to Code of Civil Procedure section 2031.310, the court orders defendant Danny Siag (1) to serve on plaintiff Rabin Shaoulian dba Olam Group further written responses, without objections, to demand numbers 1-19 in plaintiff Rabin Shaoulian dba Olam Group’s Demand for Production of Documents, Set Three, that comply with Code of Civil Procedure sections 2031.210-2031.250, and (2) to produce to plaintiff Rabin Shaoulian dba Olam Group all documents and things in defendant Danny Siag’s possession, custody, or control which are responsive to those requests, within 20 days of the date of service of this order. ¿ 

Pursuant to Code of Civil Procedure section 2031.310, the court orders defendant Danny Siag (1) to serve on plaintiff Sean Afshar further written responses, without objections, to demand numbers 1-19 in plaintiff Sean Afshar’s Demand for Production of Documents, Set Three, that comply with Code of Civil Procedure sections 2031.210-2031.250, and (2) to produce to plaintiff Sean Afshar all documents and things in defendant Danny Siag’s possession, custody, or control which are responsive to those requests, within 20 days of the date of service of this order. ¿ 

The court grants plaintiffs Rabin Shaoulian dba Olam Group and Sean Afshar’s request for monetary sanctions.  The court orders defendant Danny Siag to pay sanctions to plaintiffs Rabin Shaoulian dba Olam Group and Sean Afshar in the amount of $2,161.65 within 30 days of the date of service of this order.

The court orders plaintiffs Rabin Shaoulian dba Olam Group and Sean Afshar to give notice of this ruling.

IT IS SO ORDERED.

 

DATED:  May 4, 2023

 

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court