Judge: Shirley K. Watkins, Case: 19STCV17360, Date: 2023-02-23 Tentative Ruling

If ALL parties submit on the tentative, then no appearance is necessary unless some other matter (i.e., Case Management Conference) is on calendar. It is not necessary to call the court to request oral argument. Oral argument is permitted on all tentative rulings.

Case Number: 19STCV17360    Hearing Date: February 23, 2023    Dept: T

Tentative ruling:

 Gradjyan v Best Western 19STCV17360

  Motion to compel answers to Form Interrogatories, Set One:  Granted.  Verified Answers without objections are due within 10 days.  The objections stated are frivolous.  There is no substantial justification for the failure to respond appropriately after multiple extensions.  No good cause is shown for the failure.  No timely opposition was provided. 

 Motion to compel answers to Special Interrogatories, Set One:  Granted.  Verified Answers without objections are due within 10 days.  The objections stated are frivolous.  There is no substantial justification for the failure to respond appropriately after multiple extensions.  No good cause is shown for the failure.  No timely opposition was provided. 

 Motion to compel response and production of Request to Produce, Set One:  Granted. Verified Code compliant answers and production of documents are due within 10 days. The court notes that the responses fails to use Code compliant language per CCP sections 2031.210, 2031.220, 2031.240, 2031.250, 2031.280, 2031.285, 2031.320. The objections stated are frivolous.  There is no substantial justification for the failure to respond appropriately after multiple extensions.  No good cause is shown for the failure.  No timely opposition was provided.  Each page of documents produced must have a bate stamped number and the written response is required to specify which page numbers apply to which requests.

 Please take notice that failure to comply with the court discovery order may result in additional monetary sanctions, and/or imposition of issue sanctions, evidence sanctions or terminating sanction, including dismissal of the complaint.

 Additionally, monetary sanctions are awarded for this gross violation of the Discovery Act without substantial justification, failing to respond to discovery, failing to respond to the motion, and for asserting unmeritorious objections, pursuant to CCP section 2030.210 et seq, (which references section 2023.010) in the sum of $1,638.00, against plaintiff’s counsel of record, Law Offices of Ilan N. Rosen Janfaza, A.P.C. payable by check or money order by 3/10/2023 to the Client Trust Account of Wood, Smith, Henning & Berman, LLP, 505 N. Brand Blvd., Suite 1100, Glendale, CA 91203. 

The court does not find compelling the declaration of plaintiff's counsel about why frivolous objections were served and why no good faith responses were served in the year before the motion was filed.