Judge Salvatore Sirna, Case Number: 24PSCV00010, Date: 2025-04-08 Tentative Ruling

Judge: Salvatore Sirna, Case: 24PSCV00010, Date: 2025-04-08 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: 24PSCV00010 Hearing Date: April 8, 2025 Dept: G

Plaintiff Salloum Makhamre’s Motion to Compel Responses from Defendant Mountain View Centers to Form Interrogatories, Set One

Respondent: Defendant Mountain View Centers

Plaintiff Salloum Makhamre’s Motion to Compel Responses from Defendant Mountain View Centers to Special Interrogatories, Set One

Respondent: Defendant Mountain View Centers

Plaintiff Salloum Makhamre’s Motion to Compel Responses from Defendant Mountain View Centers to Request for Identification and Production of Documents, Set One

Respondent: Defendant Mountain View Centers

Plaintiff Salloum Makhamre’s Motion for an Order Deeming Request for Admissions, Set One to Defendant Mountain View Centers Admitted

Respondent: Defendant Mountain View Centers

TENTATIVE RULINGS

Plaintiff Salloum Makhamre’s Motion to Compel Responses from Defendant Mountain View Centers to Form Interrogatories, Set One is GRANTED. Defendant Mountain View Centers is ordered to serve verified code-complaint responses on Plaintiff without objection within twenty (20) days of the issuance of this order.

Plaintiff Salloum Makhamre’s Motion to Compel Responses from Defendant Mountain View Centers to Special Interrogatories, Set One is GRANTED. Defendant Mountain View Centers is ordered to serve verified code-complaint responses on Plaintiff without objection within twenty (20) days of the issuance of this order.

Plaintiff Salloum Makhamre’s Motion to Compel Responses from Defendant Mountain View Centers to Request for Identification and Production of Documents, Set One is GRANTED. Defendant Mountain View Centers is ordered to serve verified code-complaint responses on Plaintiff without objection within twenty (20) days of the issuance of this order.

Plaintiff Salloum Makhamre’s Motion for an Order Deeming Request for Admissions, Set One to Defendant Mountain View Centers Admitted is DEEMED MOOT.

Furthermore, Defendant Mountain View Centers’ counsel is ordered to pay $2,240.00 ($560 per motion) in sanctions to Plaintiff Salloum Makhamre within ten (10) days of the issuance of this order.

BACKGROUND

This is an action for elder abuse and negligence. In December 2022, defendant Mountain View Centers (MVC) admitted plaintiff Salloum Makhamre for care after Makhamre received medical treatment for fall-related injuries. At the time of admission, Makhamre suffered from memory loss and dementia. Makhamre alleges MVC failed to provide proper care to Makhamre which included preventing Makhamre from falling. As an alleged result, Makhamre had another fall and suffered an intracranial bleed which required surgical intervention.

On January 2, 2024, Makhamre, by and through Basma Makhamre as successor-in-interest, filed a complaint against defendants MVC, Smita T. Sanghvi, and Does 1 through 250, alleging causes of action for (1) elder abuse and (2) negligence.

On December 20, 2024, Makhamre filed a motion to compel form interrogatories, a motion to compel special interrogatories, a motion to compel production of documents, and a motion to deem requests for admission admitted. Hearings on these present motions are set for April 8, 2025, along with a case management conference.

MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES

Makhamre moves to compel MVC’s verified, code compliant responses to Form Interrogatories, Set One and requests sanctions of $2,825. For the following reasons, the court GRANTS Makhamre’s motion and orders sanctions of $560.

Legal Standard

Under 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. A response must be provided within 30 days of service. (Code Civ. Proc., § 2030.260, subd. (a).) If responses are untimely, the responding party waives objections. (Code Civ. Proc., §§ 2030.290, 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).) 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 September 9, 2024, Makhamre served Form Interrogatories, Set One on MVC. (Garcia Decl., ¶ 3, Ex. 1.) MVC failed to serve responses by the October 11, 2024 due date. (Garcia Decl., ¶¶ 3, 4.) As of March 27, 2025, MVC had not provided any responses. (Baladejo Decl., ¶ 2.)

MVC’s counsel requests the court deny the motion because MVC’s counsel has been experiencing personal and family medical issues. (Opp., pp. 13:4-14:8.) MVC’s counsel does not, however, provide the court proper authority that supports denial of Plaintiff’s motion to compel responses to form interrogatories.

Accordingly, the court GRANTS Makhamre’s motion to compel responses to form interrogatories.

Utilizing a lodestar approach and in view of the totality of the circumstances, the court awards sanctions to Makhamre against MVC and finds reasonable attorney fees in the amount of $560 ($60 for the filing fee and $250 per hour for one and a half (1.5) hours drafting the present motion and reply and 0.5 hours attending the hearing).

Thus, the court GRANTS IN PART Makhamre’s request for sanctions.

MOTION TO COMPEL RESPONSES TO SPECIAL INTERROGATORIES

Makhamre moves to compel MVC’s verified, code compliant responses to Special Interrogatories, Set One and requests $2,985 in sanctions. For the following reasons, the court GRANTS Makhamre’s motion and $560 in sanctions.

Legal Standard

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).) 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 September 9, 2024, Makhamre served Special Interrogatories, Set One on MVC. (Garcia Decl., ¶ 3, Ex. 1.) MVC failed to serve responses by the October 11, 2024 due date. (Garcia Decl., ¶¶ 3, 4.) As of March 27, 2025, MVC had not provided any responses. (Baladejo Decl., ¶ 2.)

Accordingly, the court GRANTS Makhamre’s motion.

Utilizing a lodestar approach and in view of the totality of the circumstances, the court awards sanctions to Makhamre against MVC and finds reasonable attorney fees in the amount of $560 ($60 for the filing fee and $250 per hour for one and a half (1.50) hours drafting the present motion and reply and 0.5 hours attending the hearing).

Thus, the court GRANTS IN PART Makhamre’s request for sanctions.

MOTION TO COMPEL RESPONSES TO REQUEST FOR IDENTIFICATION AND PRODUCTION OF DOCUMENTS

Makhamre moves to compel MVC’s verified, code compliant responses to Request for Production of Documents, Set One and requests $2,825 in sanctions. For the following reasons, the court GRANTS Makhamre’s motion and $560 in sanctions.

Legal Standard

Under 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. A response must be provided within 30 days of service. (Code Civ. Proc., § 2031.260, subd. (a).) If responses are untimely, the responding party waives objections. (Code Civ. Proc., § 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., § 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 September 9, 2024, Makhamre served Request for Production of Documents, Set One on MVC. (Garcia Decl., ¶ 3, Ex. 1.) MVC failed to serve responses by the October 11, 2024 due date. (Garcia Decl., ¶¶ 3, 4.) As of March 27, 2025, MVC has not provided any responses. (Baladejo Decl., ¶ 2.)

Thus, the court GRANTS Makhamre’s motion.

Accordingly, utilizing a lodestar approach and in view of the totality of the circumstances, the court awards sanctions to Makhamre against MVC and finds reasonable attorney fees in the amount of $560 ($60 for the filing fee and $250 per hour for one and a half (1.5) hours drafting the present motion and reply and 0.5 hours attending the hearing).

Thus, the court GRANTS IN PART Makhamre’s request for sanctions.

MOTION TO DEEM REQUEST FOR ADMISSIONS ADMITTED

Makhamre moves to deem each request for admission served on MVC admitted and requests $2,825 in sanctions. For the following reasons, the court deems Makhamre’s motion MOOT and GRANTS $560 in sanctions.

Legal Standard

Code of Civil Procedure section 2033.280, subdivisions (b) and (c) allow the requesting party to file a motion requesting that the truth of any matters specified in the request for admissions be deemed admitted unless the party to whom the requests have been directed has served a response that is in substantial compliance before the hearing. A response to requests for admissions is timely if provided within 30 days of service. (Code Civ. Proc., § 2033.250, subd. (a).)

Monetary sanctions must be imposed pursuant to Code of Civil Procedure section 2033.280, subdivision (c) for failure to timely respond to requests for admissions. 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 September 9, 2024, Makhamre served Request for Admissions, Set One on MVC. (Garcia Decl., ¶ 3, Ex. 1.) MVC failed to serve responses by the October 11, 2024 due date. (Garcia Decl., ¶¶ 3, 4.) However, on April 2, 2025, MVC served its verified Response to Request for Admissions, Set One. (Notice of Service, p. 2, Exh. 1.) The responses do not include objections.

Since the responses include a verification and do not include objections, the court finds MVC has served responses in substantial compliance before the hearing on the present motion. Thus, the court deems Makhamre’s motion MOOT.

Makhamre also requests an award of sanctions for the present motion. Although the motion is moot, MVC failed to respond timely to Makhamre’s requests for admission, and thus, Makhamre is entitled to mandatory sanctions under Code of Civil Procedure section 2033.280, subdivision (c).

Thus, the court GRANTS IN PART Makhamre’s request for sanctions.

CONCLUSION

Based on the foregoing, Makhamre’s motions to compel responses to form interrogatories, special interrogatories, and request for production of documents are GRANTED. Defendant Mountain View Centers is ordered to serve verified code-complaint responses on Makhamre without objection within twenty (20) days of the issuance of this order.

In addition, Makhamre’s motion to deem request for admissions admitted is DEEMED MOOT.

Furthermore, Defendant Mountain View Centers’ counsel is ordered to pay $2,240 ($560 per motion) in sanctions to Makhamre within ten (10) days of the issuance of this order.