Judge: Stephen I. Goorvitch, Case: 19STCV18229, Date: 2022-09-28 Tentative Ruling
Case Number: 19STCV18229 Hearing Date: September 28, 2022 Dept: 39
Justin Jennings v.
Samuel Jinkyoo Kang, et al.
Case No.
19STCV18229
Motions to Compel
Further Responses
Motion for
Terminating Sanctions
Previously, Plaintiff filed seven
discovery motions to compel responses from Defendants Samuel Jinkyoo Kang (“Defendant
Kang”) and NIW USA, Inc. (“NIW USA”). Specifically,
Plaintiff sought to compel responses to Requests for Production of Documents,
Special Interrogatories, Form Interrogatories (General), and Form
Interrogatories (Employment). On April
29, 2022, the Court granted Plaintiff’s motions and ordered these defendants to
serve verified responses, without objections to all outstanding discovery responses
within thirty (30) days. The Court also
ordered each defendant to pay sanctions in the amount of $3,060.
Then, Plaintiff filed a motion to
compel further responses from Defendant Kang to Requests for Production, set
one. Plaintiff also filed a motion for
terminating sanctions against both defendants based upon their alleged failure
to comply with the Court’s order of April 29, 2022. On August 11, 2022, the Court granted
Plaintiff’s motion to compel further responses, and continued the hearing on
the motion for terminating sanctions.
Plaintiff’s counsel filed a
declaration on September 13, 2022, providing a copy of Defendant Kang’s
responses and arguing that certain responses are not code-compliant. The Court finds that the responses to Request
for Production #21, #38, #39, and #40 are sufficient. Essentially, Plaintiff disbelieves the
accuracy of the representations, but that is not an appropriate basis to sanction
Defendant Kang. However, the Court
agrees that the response to Request for Production #41 is not sufficient. The
Court agrees with Plaintiff’s counsel that Defendant Kang is required to
produce any documents in his possession, custody, or control, regardless of
whether the documents also were in the possession, custody, or control of his
defunct company. Therefore, the Court
continues the hearing on the motion for terminating sanctions and orders
Defendant Kang to provide a code-compliant response to Request for Production
#41.
Plaintiff filed additional motions
to compel further responses, and the Court rules as follows:
1. Motion
to compel further responses from NIW USA to Request for Production, set one,
1-5, 6, 9, 10, 12-14, 17, 21, and 34-41 and sanctions of $3,560 – GRANTED. The Court also grants the request for
sanctions, finding that the failure to comply with discovery obligations
constitutes an abuse of discovery warranting sanctions.
2. Motion
to compel further responses from Defendant Kang to Special Interrogatories, set
one, 1, 7-15, 17, 18, and 20 and sanctions of $4,560 – DENIED. Defendant Kang has provided verified
responses without objections, per his opposition on September 8, 2022. However, the Court grants the request for
sanctions, as the Court finds that the responses were provided only in response
to this motion, constituting a discovery abuse by Defendant Kang.
3. Motion
to compel further responses from NIW USA to Special Interrogatories, set one,
1, 7-15, 17, 18, and 20 and sanctions of $3,560 – DENIED. Defendant Kang has provided verified
responses without objections, per his opposition on September 8, 2022. However, the Court grants the request for
sanctions, as the Court finds that the responses were provided only in response
to this motion, constituting a discovery abuse by Defendant Kang.
4. Motion
to compel an initial response from Defendant Kang to Special Interrogatories,
set one, Number Four and sanctions of $3,060 – DENIED. Defendant Kang has provided verified
responses without objections, per his opposition on September 8, 2022. However, the Court grants the request for
sanctions, as the Court finds that the responses were provided only in response
to this motion, constituting a discovery abuse by Defendant Kang.
5.
Motion to compel an initial response from NIW USA to Special Interrogatories,
set one, Number Four and sanctions of $3,060 – DENIED. Defendant Kang has provided verified
responses without objections, per his opposition on September 8, 2022. However, the Court grants the request for
sanctions, as the Court finds that the responses were provided only in response
to this motion, constituting a discovery abuse by Defendant Kang.
6. Motion
to compel further responses from NIW USA to Form Interrogatories (General), set
one, 200.1 to 216.1 and sanctions of $3,060 – GRANTED. The Court also grants the request for
sanctions, finding that the failure to comply with discovery obligations
constitutes an abuse of discovery warranting sanctions.
CONCLUSION AND ORDER
Based upon
the foregoing, the Court orders as follows:
1. The Court grants Plaintiff’s motion to
compel further responses from NIW USA to Request for Production, set one, 1-5,
6, 9, 10, 12-14, 17, 21, and 34-41.
Defendant shall provide verified responses, without objections, on or
before October 28, 2022. The Court
continues this motion to the extent it seeks a terminating sanction.
2. The Court grants Plaintiff’s motion to
compel further responses from NIW USA to Form Interrogatories (General), set
one, 200.1 to 216.1. Defendant shall
provide verified responses, without objections, on or before October 28, 2022. The Court continues this motion to the extent
it seeks a terminating sanction.
3. The Court orders Defendant Kang to
provide a code-compliant responses, without objections to Request for
Production #41, on or before October 28, 2022.
4. The Court orders Defendant Kang, NIW
USA, and the Law Offices of David S. Kim, jointly and severally, to pay
sanctions to Plaintiff in the amount of $6,000 for all motions, which the Court
finds is reasonable to compensate Plaintiff for the time and expense of the
instant motions. The sanctions shall be
paid on or before on or before October 28, 2022.
5. The Court orders Defendants’ counsel to
file a declaration demonstrating compliance with this order on or before
November 1, 2022.
6. Plaintiff’s counsel may file a response
on or before November 7, 2022.
7. The Court continues the hearing on all
motions for terminating sanctions to November 14, 2022, at 8:30 a.m. The Court shall hold a compliance hearing on
that date. The Court provides notice
that unless Defendants comply fully with their discovery obligations, absent
good cause, the Court intends to grant Plaintiff’s motions for terminating
sanctions and strike their answers, which would permit Plaintiff to seek
defaults and default judgment.
8. Plaintiff’s counsel shall provide
notice and file proof of such with the Court.