Judge: Serena R. Murillo, Case: 18STCV02459, Date: 2022-09-15 Tentative Ruling

DEPARTMENT 29 - LAW AND MOTION RULINGS IMPORTANT  (PLEASE SEND YOUR E-MAIL TO DEPT. 29 NOT DEPT. 2)

Communicating with the Court Staff re the Tentative Ruling 1. Please notify the courtroom staff by email not later than 9:30 a.m. on the day of the hearing if you wish to submit on the tentative ruling rather than argue the motion. The email address is SSCDEPT29@lacourt.org. Please do not use any other email address. 2. You must include the other parties on the email by "cc." 3. Include the word "SUBMISSION" in all caps in the Subject line and include your name, contact information, the case number, and the party you represent in the body of the email. If you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the motions. THE COURT WILL HEAR ARGUMENT UNLESS BOTH SIDES SUBMIT ON THE TENTATIVE.  4. Include the words "SUBMISSION BUT WILL APPEAR" if you submit, but one or both parties will nevertheless appear. 5. For other communications with Court Staff a. OFF-CALENDAR should appear in all caps in the Subject line where all parties have agreed to have a matter placed off-calendar. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) date of proceeding. b. CASE SETTLED should appear in all caps in the Subject line where all parties have agreed that the case has settled for all purposes. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) whether notice of settlement/dismissal documents have been filed; (c) if (b) has not been done, a date one year from the date of your email which will be a date set by the court for an OSC for dismissal of the case. c. STIPULATION should appear in all caps in the Subject line where all parties have stipulated that a matter before the court can be postponed. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) what proceeding is agreed to be postponed e.g. Trial, FSC; (c) the agreed-upon future date; (d) whether all parties waive notice if the Court informs all counsel/parties that the agreed-upon date is satisfactory. This communication should be used only for matters that are agreed to be postponed and not for orders shortening time. 6. PLEASE MAKE SURE THAT ALL COMMUNICATIONS WITH COURT STAFF DEAL ONLY WITH SCHEDULING AND ADMINISTRATIVE MATTERS AND DO NOT DISCUSS THE MERITS OF ANY CASE. (UPDATED 6/17/2020) 

IMPORTANT:  In light of the COVID-19 emergency, the Court encourages all parties to appear remotely.  The capacity in the courtroom is extremely limited.  The Court appreciates the cooperation of counsel and the litigants. 

ALSO NOTE:  If the moving party does not contact the court to submit on the tentative and does not appear (either remotely or in person), the motion will be taken off calendar.  THE TENTATIVE RULING WILL NOT BE THE ORDER OF THE COURT.



Case Number: 18STCV02459    Hearing Date: September 15, 2022    Dept: 29

Masoumeh Mousavi v. Shake Khachatrian, et al.

 

Motion to Compel Response to Form Interrogatories and Request for Sanctions filed by Defendants Shake Khachatrian, Anet Akopian, and Arsen Balsanian

TENTATIVE

 

Defendants Shake Khachatrian, Anet Akopian, and Arsen Balsanian’s motion to compel Plaintiff to provide verified responses to Form Interrogatories is GRANTED. Plaintiff Masoumeh Mousavi is ordered to provide verified responses without objections within 30 days of this order.

 

Plaintiff Masoumeh Mousavi is also ordered to pay Defendant monetary sanctions in the amount of $561.65 within 30 days of this order.

 

Legal Standard

 

Compel Interrogatories

 

If a party to whom interrogatories are directed fails to serve a timely response, the propounding party may move for an order compelling responses and for a monetary sanction.  (Code Civ. Proc., § 2030.290, subd. (b).) The statute contains no time limit for a motion to compel where no responses have been served. All that need be shown in the moving papers is that a set of interrogatories was properly served on the opposing party, that the time to respond has expired, and that no response of any kind has been served.  (Leach v. Superior Court (1980) 111 Cal.App.3d 902, 905–906.)

 

Sanctions

 

Sanctions are mandatory in connection with a motion to compel responses to interrogatories against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel unless the court “finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.”  (Code Civ. Proc. §§ 2030.290(c).) 

 

Under CCP section 2023.030(a), “[t]he court may impose a monetary sanction ordering that one engaging in the misuse of the discovery process, or any attorney advising that conduct, or both pay the reasonable expenses, including attorney’s fees, incurred by anyone as a result of that conduct. . . . If a monetary sanction is authorized by any provision of this title, the court shall impose that sanction unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.”  Failing to respond or to submit to an authorized method of discovery is a misuse of the discovery process.  (Code Civ. Proc. § 2023.010.) 

 

Discussion

On February 3, 2021, Defendant served Plaintiff with Form Interrogatories, Set Two. (Lira Decl., Exh. A.) Responses were due on March 7, 2022. On March 17, 2022, Defendant’s counsel followed up on the status of the past due responses. (Id., Exh. B.) No response was received. Defense counsel made three more attempts to inquire about the outstanding discovery, but the calls were not returned. (Id., ¶¶ c-e.)  To date, no responses to the discovery were provided. (Id., ¶ f.)

As Defendant properly served discovery requests and Plaintiff failed to serve responses, the Court finds Defendant is entitled to a court order directing Plaintiff to provide verified responses without objections to the discovery requests served on Plaintiff.  Therefore, the motion is granted.

As the motion is granted, Defendant’s request for sanctions is also granted, but in a reduced amount due to the simplicity of the motion, and because there is no opposition. Thus, the Court imposes sanctions in the amount of $561.65 ($250 per hour x 2 hours, plus $61.65 in filing fees) against Plaintiff to be paid within 30 days.

Conclusion

 

Accordingly, Defendants’ motion to compel Plaintiff to provide verified responses to Form Interrogatories is GRANTED. Plaintiff Masoumeh Mousavi is ordered to provide verified responses without objections within 30 days of this order.

 

Plaintiff Masoumeh Mousavi is also ordered to pay Defendant monetary sanctions in the amount of $561.65 within 30 days of this order.

 

Moving party is ordered to give notice.