Judge: Salvatore Sirna, Case: 23PSCV00596, Date: 2024-04-16 Tentative Ruling

The Court may change tentative rulings at any time. Therefore, counsel are advised to check this website periodically to determine whether any changes or updates have been made to the tentative ruling. Counsel may submit on a tentative ruling by calling the clerk in Department G at (909) 802-1104 prior to 8:30 a.m. the morning of the hearing.

Case Number: 23PSCV00596    Hearing Date: April 16, 2024    Dept: G

Defendants Zhicong Jin and Mingxuan Yang’s Motion to Compel Plaintiff Romeo B. Adavan’s Responses to Form Interrogatories and Request for Sanctions

Respondent: NO OPPOSITION

Defendants Zhicong Jin and Mingxuan Yang’s Motion to Compel Plaintiff Romeo B. Adavan’s Responses to Special Interrogatories and Request for Sanctions

Respondent: NO OPPOSITION

Defendants Zhicong Jin and Mingxuan Yang’s Motion to Compel Plaintiff Romeo B. Adavan’s Responses to Request for Production of Documents and Request for Sanctions

Respondent: NO OPPOSITION

Defendants Zhicong Jin and Mingxuan Yang’s Motion to Compel Plaintiff Alejandro Bercian’s Responses to Form Interrogatories and Request for Sanctions

Respondent: NO OPPOSITION

Defendants Zhicong Jin and Mingxuan Yang’s Motion to Compel Plaintiff Alejandro Bercian’s Responses to Special Interrogatories and Request for Sanctions

Respondent: NO OPPOSITION

Defendants Zhicong Jin and Mingxuan Yang’s Motion to Compel Plaintiff Alejandro Bercian’s Responses to Request for Production of Documents and Request for Sanctions

Respondent: NO OPPOSITION

TENTATIVE RULING

Defendants Zhicong Jin and Mingxuan Yang’s Motion to Compel Plaintiff Romeo B. Adavan’s Responses to Form Interrogatories is GRANTED and Plaintiff Romeo B. Adavan is ordered to serve code-complaint responses on Defendants Zhicong Jin and Mingxuan Yang without objection within ten (10) days of the issuance of this order. Furthermore, Defendants Zhicong Jin and Mingxuan Yang’s Request for Sanctions is GRANTED against Plaintiff Romeo B. Adavan and Plaintiff Romeo B. Adavan’s Counsel in the amount of $119.80, payable within thirty (30) days of the issuance of this order.

Defendants Zhicong Jin and Mingxuan Yang’s Motion to Compel Plaintiff Romeo B. Adavan’s Responses to Special Interrogatories is GRANTED and Plaintiff Romeo B. Adavan is ordered to serve code-complaint responses on Defendants Zhicong Jin and Mingxuan Yang without objection within ten (10) days of the issuance of this order. Furthermore, Defendants Zhicong Jin and Mingxuan Yang’s Request for Sanctions is GRANTED against Plaintiff Romeo B. Adavan and Plaintiff Romeo B. Adavan’s Counsel in the amount of $119.80, payable within thirty (30) days of the issuance of this order.

Defendants Zhicong Jin and Mingxuan Yang’s Motion to Compel Plaintiff Romeo B. Adavan’s Responses to Request for Production of Documents is GRANTED and Plaintiff Romeo B. Adavan is ordered to serve code-complaint responses on Defendants Zhicong Jin and Mingxuan Yang without objection within ten (10) days of the issuance of this order. Furthermore, Defendants Zhicong Jin and Mingxuan Yang’s Request for Sanctions is GRANTED against Plaintiff Romeo B. Adavan and Plaintiff Romeo B. Adavan’s Counsel in the amount of $119.80, payable within thirty (30) days of the issuance of this order.

Defendants Zhicong Jin and Mingxuan Yang’s Motion to Compel Plaintiff Alejandro Bercian’s Responses to Form Interrogatories is GRANTED and Plaintiff Alejandro Bercian is ordered to serve code-complaint responses on Defendants Zhicong Jin and Mingxuan Yang without objection within ten (10) days of the issuance of this order. Furthermore, Defendants Zhicong Jin and Mingxuan Yang’s Request for Sanctions is GRANTED against Plaintiff Alejandro Bercian and Plaintiff Alejandro Bercian’s Counsel in the amount of $119.80, payable within thirty (30) days of the issuance of this order.

Defendants Zhicong Jin and Mingxuan Yang’s Motion to Compel Plaintiff Alejandro Bercian’s Responses to Special Interrogatories is GRANTED and Plaintiff Alejandro Bercian is ordered to serve code-complaint responses on Defendants Zhicong Jin and Mingxuan Yang without objection within ten (10) days of the issuance of this order. Furthermore, Defendants Zhicong Jin and Mingxuan Yang’s Request for Sanctions is GRANTED against Plaintiff Alejandro Bercian and Plaintiff Alejandro Bercian’s Counsel in the amount of $119.80, payable within thirty (30) days of the issuance of this order.

Defendants Zhicong Jin and Mingxuan Yang’s Motion to Compel Plaintiff Alejandro Bercian’s Responses to Request for Production of Documents is GRANTED and Plaintiff Alejandro Bercian is ordered to serve code-complaint responses on Defendants Zhicong Jin and Mingxuan Yang without objection within ten (10) days of the issuance of this order. Furthermore, Defendants Zhicong Jin and Mingxuan Yang’s Request for Sanctions is GRANTED against Plaintiff Alejandro Bercian and Plaintiff Alejandro Bercian’s Counsel in the amount of $119.80, payable within thirty (30) days of the issuance of this order.

BACKGROUND

This is a personal injury action arising from an automobile collision that occurred at or near the intersection of Lark Ellen Avenue and Merced Avenue in West Covina on March 8, 2021.

On March 1, 2023, Plaintiffs Romeo B. Adavan, Rita O. Ratilla, Maria Lea Amata Rodrigueza, and Alejandro Bercian filed a complaint against Defendants Zhicong Jin, Mingxuan Yang, and Does 1-50, alleging a single cause of action for negligence.

On January 30, 2024, Jin and Yang filed the present motions. A hearing on the present motions is set for April 16 along with a case management conference and OSC Re: Sanctions. A post-mediation status conference/trial setting conference is also set for August 12.

ANALYSIS

Jin and Yang move to compel Adavan and Bercian to provide verified responses to their discovery requests. They also seek an award of sanctions for the present motions.

Legal Standard

Code of Civil Procedure section 2031.300, subdivision (b) allows the propounding party to file a motion to compel responses to requests for production if a response has not been received. Similarly, pursuant to Code of Civil Procedure section 2030.290, subdivision (b), the propounding party may file a motion to compel responses to interrogatories if a response has not been received. In both cases, a response must be provided within 30 days of service. (Code Civ. Proc., § 2030.260, subd. (a); § 2031.260, subd. (a).) If responses are untimely, the responding party waives objections. (Code Civ. Proc., §§ 2030.290, subd. (a); 2031.300, subd. (a).) The court shall impose monetary sanctions against any party, person, or attorney who unsuccessfully makes or opposes such orders to compel absent substantial justification or other circumstances that make imposition of sanctions unjust. (Code Civ. Proc., §§ 2030.290, subd. (c); 2031.300, subd. (c).) While the imposition of sanctions is mandatory, the court “has discretion to reduce the amount of fees and costs requested as a discovery sanction in order to reach a reasonable award.” (Cornerstone Realty Advisors, LLC v. Summit Healthcare Reit, Inc. (2020) 56 Cal.App.5th 771, 791 (Cornerstone).)

Discussion

On June 29, 2023, Jin and Yang’s counsel served form interrogatories, special interrogatories, and requests for production on Adavan and Bercian. (Matteis Decl., ¶ 2.) After no verified responses were provided, Jin and Yang’s counsel sent a meet and confer letter to Adavan and Bercian’s counsel on August 8. (Matteis Decl., ¶ 3.) On August 10, Jin and Yang’s counsel granted Adavan and Bercian’s counsel’s request to extend the deadline to September 1. (Matteis Decl., ¶ 3.) After Adavan and Bercian failed to respond, the court held an informal discovery conference on December 6 and ordered Adavan and Bercian to provide verified responses to Jin and Yang’s discovery requests by December 22. (12/06/2023 Minute Order)

On January 30, 2024, the court admonished Adavan and Bercian’s counsel during a case management conference for failing to comply with the court’s discovery order. (1/30/2024 Minute Order) The court then ordered Adavan and Bercian’s counsel to provide the required responses without objection by February 9. (1/30/2024 Minute Order) Adavan and Bercian’s counsel failed to provide the discovery responses by the court’s second ordered deadline and also failed to appear for a case management conference on February 27. (2/27/2024 Minute Order; Matteis Decl., ¶ 8.) Accordingly, the court GRANTS Jin and Yang’s motions to compel.

Jin and Yang also request $572 in sanctions against Adavan, Bercian, and their counsel for each of the present motions to compel. Accordingly, utilizing a lodestar approach and in view of the totality of the circumstances, the court awards sanctions against Adavan, Bercian, and their counsel and finds reasonable attorney fees and costs in the total of amount of $119.80 for each motion to compel ($79.80 for 0.5 hours drafting the present motion and 0.1 hours attending the hearing at an hourly rate of $133 plus $40 in filing fees), for a total of .

CONCLUSION

Plaintiffs are ordered to provide verified responses, without objections, to the above enumerated discovery in ten (10) days.  The attorney’s fees and costs in the total amount of $718.80 are due and payable to Defendants in thirty (30) days.

Should Plaintiffs fail to comply timely with the court’s order, Defendants may file the appropriate motion for terminating sanctions.