Judge: Robert B. Broadbelt, Case: 22STCV31051, Date: 2024-05-22 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: 22STCV31051    Hearing Date: May 22, 2024    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                 Plaintiff Richard Rodger Furton        

RESPONDING PARTY:       Unopposed

(1)   Plaintiff’s Motion to Compel Responses to Supplemental Interrogatory

(2)   Plaintiff’s Motion to Compel Responses to Supplemental Request for Production of Documents

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

MOTION TO COMPEL RESPONSES TO SUPPLEMENTAL INTERROGATORY

Plaintiff Richard Rodger Furton (“Plaintiff”) moves the court for an order (1) compelling defendant Mohammed R. Talai-Shahir (“Defendant”) to serve verified responses to Plaintiff’s supplemental interrogatory, and (2) awarding sanctions in favor of Plaintiff and against Defendant in the amount of $1,800.

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 served Defendant with Plaintiff’s Supplemental Interrogatory on February 22, 2024, by email.  (Spielfogel Decl., Ex. 1.)  Defendant did not serve a timely response and had not served a response as of the date that Plaintiff filed this motion.  (Spielfogel Decl., ¶¶ 5, 6.)  Defendant has not filed opposition papers or other evidence with the court establishing that a response has since been served.

Thus, the court grants Plaintiff’s motion to compel Defendant’s response to Plaintiff’s supplemental interrogatory.  (Code Civ. Proc., § 2030.290, subd. (b).)

The court grants Plaintiff’s request for sanctions.  (Code Civ. Proc., § 2030.290, subd. (c).)  The court finds that $1,060 ((2.5 hours x $400 hourly rate) + $60 filing fee) is a reasonable amount of monetary sanctions to impose against Defendant in connection with this motion.  (Spielfogel Decl., ¶¶ 7-8.)

MOTION TO COMPEL RESPONSES TO SUPPLEMENTAL REQUEST FOR PRODUCTION OF DOCUMENTS

Plaintiff moves the court for an order (1) compelling Defendant to serve responses to Plaintiff’s supplemental demand for production, and (2) awarding monetary sanctions in favor of Plaintiff and against Defendant in the amount of $1,800.

If a party to whom a demand for inspection is directed fails to serve a timely response, the party making the demand may move for an order compelling response to the demand.¿ (Code Civ. Proc., §¿2031.300, subd. (b).)¿¿ 

Plaintiff served Defendant with Plaintiff’s Request for Production of Documents, Set One (Supplemental) on February 22, 2024, by email.  (Spielfogel Decl., Ex. 1.)  Defendant did not serve a timely response and had not served a response as of the date that Plaintiff filed this motion.  (Spielfogel Decl., ¶¶ 5, 6.)  Defendant did not file opposition papers or other evidence with the court establishing that a response has since been served.

Thus, the court grants Plaintiff’s motion to compel Defendant’s response to Plaintiff’s supplemental request for production of documents.  (Code Civ. Proc., § 2031.300, subd. (b).)

The court grants Plaintiff’s request for sanctions.  (Code Civ. Proc., § 2031.300, subd. (c).)  The court finds that $1,060 ((2.5 hours x $400 hourly rate) + $60 filing fee) is a reasonable amount of monetary sanctions to impose against Defendant in connection with this motion.  (Spielfogel Decl., ¶¶ 7-8.)

ORDER

            The court grants plaintiff Richard Rodger Furton’s motion to compel responses to supplemental interrogatory.

            Pursuant to Code of Civil Procedure section 2030.290, the court orders defendant Mohammed R. Talai-Shahir to serve a full and complete verified answer, without objections, to plaintiff Richard Rodger Furton’s Supplemental Interrogatory, which complies with Code of Civil Procedure sections 2030.220-2030.250, within 20 days of the date of service of this order.

            The court grants plaintiff Richard Rodger Furton’s motion to compel responses to supplemental request for production.

            Pursuant to Code of Civil Procedure section 2031.300, the court orders defendant Mohammed R. Talia-Shahir (1) to serve a full and complete verified response, without objections, to plaintiff Richard Rodger Furton’s Request for Production of Documents, Set One (Supplemental), which complies with Code of Civil Procedure sections 2031.210-2031.250, and (2) to produce to plaintiff Richard Rodger Furton all documents and things in defendant Mohammed R. Talia-Shahir’s possession, custody, or control which are responsive to that supplemental request, within 20 days of the date of service of this order.

            The court orders defendant Mohammed R. Talai-Shahir to pay a total of $2,120 in monetary sanctions to plaintiff Richard Rodger Furton within 30 days of the date of service of this order.

            The court orders plaintiff Richard Rodger Furton to give notice of this ruling.

IT IS SO ORDERED.

DATED:  May 22, 2024

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court