Judge: Sarah J. Heidel, Case: 25NNCV00259, Date: 2025-04-03 Tentative Ruling
Case Number: 25NNCV00259 Hearing Date: April 3, 2025 Dept: V
SUPERIOR COURT
OF CALIFORNIA
COUNTY OF LOS
ANGELES – NORTHEAST DISTRICT
DEPARTMENT V
CHURCHILL FUNDING I LLC, a
Delaware limited liability company,
Plaintiff,
vs.
GLOBAL LA INVESTING, LLC, a
California limited liability company; ALL UNKNOWN OCCUPANTS, TENANTS, AND
SUBTENANTS; and DOES 1 through 20, inclusive,
Defendants.
Case No.: 25NNCV00259
Hearing Date: April 3, 2025
Time: 8:30 a.m.
[TENTATIVE] ORDER RE: MOTION TO
COMPEL DEFENDANT’S RESPONSES TO FORM INTERROGATORIES (GENERAL), FORM
INTERROGATORIES (UNLAWFUL DETAINER), AND SPECIAL INTERROGATORIES; AND REQUESTS
FOR SANCTIONS
MOVING PARTIES:
Plaintiff CHURCHILL FUNDING I LLC
RESPONDING PARTY:
Unopposed
This is an unlawful detainer
action. Plaintiff Churchill Funding I LLC filed the complaint against
defendants Global LA Investing, LLC and all unknown occupants, tenants, and
subtenants on January 14, 2025. Plaintiff filed the instant motion on March 6, 2025.
No opposition has been received.
LEGAL STANDARD
A plaintiff in an unlawful detainer may serve
interrogatories without leave of court at any time 5 days after the service of
the summons on, or appearance by, the party to whom the demand is directed,
whichever occurs first. (Code Civ. Proc., § 2030.020(c).)
The party whom the request is propounded upon is required
to respond within 5 days after service, but the parties are allowed to
informally agree to an extension and confirm any such agreement in writing.
(Code Civ. Proc., §§ 2030.260(b), 2030.270(a)-(b).)
Where there has been no timely response to interrogatories,
the demanding party may seek an order compelling a response. (Code Civ. Proc.,
§ 2030.290(b).) If a party fails to timely respond to interrogatories, the
party to whom the interrogatories are directed waives any objection, including
one based on privilege or on the protection for work product. (Code Civ. Proc.,
§ 2030.290(a).)
DISCUSSION
A. Motions to Compel Responses
Plaintiff served Form Interrogatories—GENERAL, Form
Interrogatories—UNLAWFUL DETAINER, and Special Interrogatories to defendant on
February 14, 2025. (Kurtzhall Decl., ¶ 2; Exh. 1.) As of the filing of the
motions, defendant had not served responses. (Kurtzhall Decl., ¶ 3.) The
discovery was properly served by mail as shown by the proofs of service.
Because defendant has not served responses to the discovery, the court grants
the motions.
B. Sanctions
Plaintiff seeks monetary sanctions in the amount of $960.00
per motion against defendant for a total of $2,880.00. The court finds that
sanctions are warranted pursuant to Code of Civil Procedure section 2030.290
subdivision (c), however, the requested $960.00 is excessive given the motion
is simple and unopposed. Accordingly, the court grants sanctions in the total
amount of $1,480.00 (0.9 hours/motion plus 1 hour for attendance at the hearing
at the rate of $400.00/hour) against defendant.
Based on the foregoing, the court GRANTS the motions to compel responses to Form Interrogatories—GENERAL, Form Interrogatories—UNLAWFUL DETAINER, and Special Interrogatories. The court orders defendant to provide responses within ___ days of notice of this hearing.
The court GRANTS the request for sanctions and orders
defendant to pay $1,480.00 to The Ryan Firm within 10 days of notice of this
hearing.