Judge: Robert B. Broadbelt, Case: BC714990, Date: 2022-08-04 Tentative Ruling

Case Number: BC714990    Hearing Date: August 4, 2022    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTIES:             Defendants PopChest, Inc., and Valerian Bennett

RESPONDING PARTY:       Unopposed

(1)   Motion to Compel Further Responses to Requests for Production of Documents  

MOVING PARTIES:             Defendants PopChest, Inc., and Valerian Bennett

RESPONDING PARTY:       Unopposed

(2)   Motion to Compel Further Responses to Form Interrogatories—General

MOVING PARTIES:             Defendants PopChest, Inc., and Valerian Bennett

RESPONDING PARTY:       Unopposed

(3)   Motion to Compel Further Responses to Form Interrogatories—Employment

MOVING PARTIES:             Defendants PopChest, Inc., and Valerian Bennett

RESPONDING PARTY:       Unopposed

(4)   Motion to Compel Further Responses to Special Interrogatories  

MOVING PARTIES:             Defendants PopChest, Inc., and Valerian Bennett

RESPONDING PARTY:       Unopposed

(5)   Motion to Compel Further Responses to Request for Admissions

MOVING PARTIES:             Defendants PopChest, Inc., and Valerian Bennett

RESPONDING PARTY:       Unopposed

(6)   Motion to Compel Deposition   

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

BACKGROUND

            On July 20, 2018, plaintiff Briana Wolf (“Plaintiff”) filed this action against, inter alia, defendants PopChest, Inc., and Valerian Bennett, alleging 19 causes of action, including claims for violations of the California Fair Employment and Housing Act and the Labor code. 

            Defendants PopChest, Inc., and Valerian Bennett move the court for an order compelling plaintiff Briana Wolf to attend and testify at the deposition noticed by Defendants, and to provide further responses to their Request for Production of Documents (Set One), Form Interrogatories—General (Set One), Form Interrogatories—Employment (Set One), Special Interrogatories (Set One), and Request for Admissions (Set One).  Defendants further request the court impose monetary, issue, evidence, and terminating sanctions in connection with each of the pending motions.

            The court notes that, although PopChest, Inc. is a moving party, judgment was entered against PopChest on February 28, 2019 on the Complaint, and the Cross-Complaint filed on June 24, 2019 against PopChest was dismissed on October 5, 2021.  Thus, PopChest is no longer a party to this action.  The court therefore considers the merits of the motion as brought by defendant Valerian Bennett (“Defendant”) only.

MOTION TO COMPEL FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS (SET ONE)

Defendant moves the court for an order compelling Plaintiff to provide further responses to Defendant’s Requests for Production of Documents, Set One, on the ground that Plaintiff has served the same meritless, boilerplate objections to each request for production.

The court grants Defendant’s motion to compel Plaintiff’s further responses to Defendant’s Request for Production numbers 1 through 52, 54 through 71, and 73 through 86 because Plaintiff’s objections to those requests are without merit and too general. (Code Civ. Proc., § 2031.310, subd. (a)(3).)

The court denies Defendant’s motion to compel Plaintiff’s further responses to Request for Production numbers 53 and 72 because Defendant has not demonstrated good cause justifying the discovery sought by this demand since these requests demand the production of materials that are (1) not relevant to the subject matter of the action or reasonably calculated to lead to the discovery as admissible evidence, and (2) protected by Plaintiff’s right to privacy.

The court grants Defendant’s request for monetary sanctions.  The court finds that $4,170 (6 hours x Anooshian’s $495 hourly rate + 2 hours x Mohajerian’s $600 hourly rate) is a reasonable amount of monetary sanctions to impose against Plaintiff on this motion.

The court denies Defendant’s request for issue, evidence, and terminating sanctions.

MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES (SET ONE)

Defendant moves the court for an order compelling Plaintiff to provide further responses to Defendant’s Form Interrogatories—General (Set One) on the ground that Plaintiff failed to provide substantive responses and instead provided the same boilerplate objection to each interrogatory.

The court grants Defendant’s motion to compel Plaintiff’s further responses to Form Interrogatories (General) numbers 1.1, 2.1, 2.2, 2.5, 2.7-2.10, 11.1, 11.2, and 17.1 because Plaintiff’s objections to these interrogatories are without merit or too general.  (Code Civ. Proc., § 2030.300, subd. (a)(3).)

The court denies Defendant’s motion to compel Plaintiff’s further responses to Form Interrogatories (General) interrogatory numbers 2.3, 2.6, 2.11, 6.3, 8.1 through 8.4, 8.6 through 8.8, 9.1, 9.2, 12.1, 12.2, 12.5 through 12.7, 13.1, 13.2, 14.1, and 14.2 because Defendant has failed to provide the court with the definition of the term “INCIDENT” as set forth in Defendant’s Form Interrogatories—General, as required by California Rules of Court, rule 3.1345, subdivision (c)(4).  (Mills v. U.S. Bank (2008) 166 Cal.App.4th 871, 893 [the trial court has discretion to deny a motion to compel based on a party’s failure to comply with the separate statement requirements].)

The court denies Defendant’s request for monetary sanctions on this motion because, in light of the mixed nature of the rulings, the court finds that the circumstances presented make the imposition of sanctions unjust. 

The court denies Defendant’s request for issue, evidentiary, and terminating sanctions.

MOTION TO COMPEL FURTHER RESPONSES TO EMPLOYMENT FORM INTERROGATORES (SET ONE)

            Defendant moves the court for an order compelling Plaintiff to provide further responses to Defendant’s Employment Form Interrogatories (Set One) on the ground that Plaintiff served only boilerplate responses to each interrogatory. 

            The court grants Defendant’s motion to compel Plaintiff’s further responses to Defendant’s Employment Form Interrogatories (Set One) because Plaintiff’s objections to each of the interrogatories are without merit and too general.  (Code Civ. Proc., § 2030.300, subd. (a)(3).

            The court grants Defendant’s request for monetary sanctions.  The court finds that $4,170  (6 hours x attorney Anooshian’s $495 hourly rate + 2 hours x Mohajerian’s $600 hourly rate) is a reasonable amount of monetary sanctions to impose against Plaintiff on this motion. (Mohajerian Decl., ¶¶ 6-7.)

The court denies Defendant’s request for issue, evidence, and terminating sanctions.

MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES (SET ONE)

Defendant moves the court for an order compelling Plaintiff to provide further responses to Special Interrogatories (Set One) on the ground that Plaintiff failed to serve substantive responses and only provided boilerplate objections to each special interrogatory.

            The court grants Defendant’s motion to compel Plaintiff’s further responses to Defendant’s Special Interrogatories (Set One) because Plaintiff’s objections to each of the interrogatories are without merit and too general.  (Code Civ. Proc., § 2030.300, subd. (a)(3).)

The court grants Defendant’s request for monetary sanctions.  The court finds that $4,170  (6 hours x attorney Anooshian’s $495 hourly rate + 2 hours x Mohajerian’s $600 hourly rate) is a reasonable amount of monetary sanctions to impose against Plaintiff on this motion.  (Mohajerian Decl., ¶¶ 6-7.)

The court denies Defendant’s request for issue, evidence, and terminating sanctions.

MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR ADMISSIONS (SET ONE)

Defendant moves the court for an order compelling Plaintiff to serve further responses to Defendant’s Requests for Admissions, Set One, on the ground that Plaintiff has failed to provide substantive responses and has instead responded with boilerplate objections to each request for admission.

The court grants Defendant’s motion to compel Plaintiff’s further responses to its Request for Admissions because Plaintiff’s objections to the requests are without merit and too general.  (Code Civ. Proc., § 2033.290, subd. (a)(2).)

The court grants Defendant’s request for monetary sanctions.  The court finds that $4,170  (6 hours x attorney Anooshian’s $495 hourly rate + 2 hours x Mohajerian’s $600 hourly rate) is a reasonable amount of monetary sanctions to impose against Plaintiff on this motion.  (Mohajerian Decl., ¶¶ 6-7.)

The court denies Defendant’s request for issue, evidence, and terminating sanctions.   

MOTION TO COMPEL DEPOSITION OF PLAINTIFF

Defendant moves the court for an order compelling Plaintiff to attend and testify at deposition based on Plaintiff’s objection to and failure to appear for the deposition noticed by Defendants for November 29, 2021.  (Mot., Ex. 1; Mohajerian Decl., ¶¶ 3-4.)

The court grants Defendant’s motion to compel Plaintiff’s deposition.  Defendant has shown good cause justifying the production of documents requested in the deposition notice, except for document requests numbers 53 and 72 (for the reasons discussed above in connection with Defendant’s Request for Production of Documents).  (Code Civ. Proc., § 2025.450.)

The court grants Defendant’s request for monetary sanctions.  The court finds that $2,382 (3 hours to draft the motion x Anooshian’s $495 hourly rate + $600 reporter cancellation fees + $297 videographer cancellation fees) is a reasonable amount to impose against Plaintiff in connection with this motion.  (Mohajerian Decl., ¶¶ 6-8.)

The court denies Defendant’s request for issue, evidence, and terminating sanctions.    

ORDER

The court grants in part and denies in part defendant Valerian Bennett’s Motion to Compel Further Responses to Defendant's Request for Production.

Pursuant to Code of Civil Procedure section 2031.310, the court orders plaintiff Briana Wolf (1) to serve on defendant Valerian Bennett further written responses to defendant Valerian Bennett’s Request for Production (Set One) numbers 1 through 52, 54 through 71, and 73 through 86 that comply with Code of Civil Procedure sections 2031.210-2031.250, and (2) to produce to defendant Valerian Bennett all documents and things in plaintiff Briana Wolf’s possession, custody, or control which are responsive to those requests, within 20 days of the date of this order.

The court grants in part and denies in part Valerian Bennett’s Motion to Compel Further Responses to Form Interrogatories (General).

Pursuant to Code of Civil Procedure section 2030.300, the court orders plaintiff Briana Wolf to serve further, full and complete answers to Defendant’s Form Interrogatories—General numbers 1.1, 2.1, 2.2, 2.5, 2.7 through 2.10, 11.1, 11.2, and 17.1 which comply with Code of Civil Procedure sections 2030.210-203.220, and 2030.250, within 20 days of the date of this order.

The court grants Valerian Bennett’s Motion to Compel Plaintiff’s Further Responses to Defendant’s Employment Form Interrogatories (Set One). 

Pursuant to Code of Civil Procedure section 2030.300, the court orders plaintiff Briana Wolf to serve further, full and complete answers to Defendant’s Form Interrogatories—Employment numbers 200.1 through 200.6, 201.3, 202.1, 202.2, 203.1, 205.1, 207.1, 207.2, 208.1, 209.1, 210.1 through 210.6, 212.1 through 212.4, 213.1, 213.2, 215.1, 215.2, and 217.1 which comply with Code of Civil Procedure sections 2030.210-203.220, and 2030.250, within 20 days of the date of this order.

The court grants Valerian Bennett’s Motion to Compel Plaintiff’s Further Responses to Defendant’s Special Interrogatories (Set One).

Pursuant to Code of Civil Procedure section 2030.300, the court orders plaintiff Brian Wolf to serve further, full and complete answers to Defendant’s Special Interrogatories (Set One) numbers 1 through 68, which comply with Code of Civil Procedure sections 2030.210-203.220, and 2030.250, within 20 days of the date of this order.

The court grants Valerian Bennett’s Motion to Compel Further Responses to Requests for Admissions.

Pursuant to Code of Civil Procedure section 2033.290, the court orders plaintiff Briana Wolf to serve further responses to Defendant’s Requests for Admission (Set One) numbers 1 through 56, which comply with Code of Civil Procedure sections 2033.210-2033.220, and 2033.240, within 20 days of the date of this order.   

As to Request for Production numbers 80 and 81 and Special Interrogatory number 68, which request information and the production of settlement agreements executed by Plaintiff and the other defendants and related communications, the court issues a protective order that Defendant and its attorneys shall not disclose any of the documents or information which Defendant may obtain by this order to anyone who is not a party, an attorney for a party, or an expert or expert consultant retained by a party to this action, and those records shall not be used by Defendant or its attorneys for any purpose other than to prosecute this lawsuit, without the written agreement of the parties or further order of the court.   The parties and their counsel may prepare a more detailed proposed stipulation for protective order and lodge it with the court, if they believe one is necessary or appropriate.

The court grants defendant Valerian Bennett’s motion to compel Plaintiff Briana Wolf to appear for deposition.  The court orders plaintiff Briana Wolf (1) to attend and testify at a deposition to be taken by defendant Valerian Bennett on _____________________, 2022, at 10:00 a.m., to be conducted by a videoconference platform selected by Defendant, and (2) to produce for inspection at the deposition the documents described in the deposition notice (except for request numbers 53 and 72) that are in Plaintiff’s possession, custody, or control. 

The court grants Valerian Bennett’s requests for sanctions made in his motions to compel Plaintiff’s deposition and to compel further responses to Request for Production, Form Interrogatories—Employment, Special Interrogatories, and Requests for Admission.  The court orders plaintiff Briana Wolf to pay to defendant Valerian Bennett monetary sanctions on those motions in the total amount of $19,062 within 30 days of the date of this order.

The court orders defendant Valerian Bennett to give notice of this ruling.

IT IS SO ORDERED.

DATED:  August 4, 2022

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court