Judge: Stephen I. Goorvitch, Case: 20STCV25795, Date: 2023-12-06 Tentative Ruling

Case Number: 20STCV25795    Hearing Date: December 6, 2023    Dept: 39

Sam Joong Kim, et al. v. Moon Gab Lee, et al.

Case No. 20STCV25795

Motions to Compel

NOTICE:  The Court advances the motions to compel from December 7, 2023, to December 6, 2023, at 8:30 a.m., and shall hear all the motions on the same date/time.

Defendant Sirudang, Inc. (“Defendant”) filed motions to compel responses to Requests for Production of Documents, Set One (“RPDs”) from Plaintiffs San Joong Kim and Suk Kyung Yun, as well as a motion to compel responses to Special Interrogatories, Set One, from Plaintiff Suk Kyung Yun.  The discovery requests were served on March 23, 2023.  (See Declaration of James K. Beck, ¶ 3.)  Plaintiffs failed to provide responses by the deadline.  (Id., ¶ 4.)  Defendants’ counsel extended the deadline to June 26, 2023, “without any objections.”  (Id., ¶ 5 & Exh. #3.)  Defendant’s counsel again extended the deadline to July 27, 2023, but Plaintiffs did not provide responses.  (Id., ¶ 6.)  Plaintiffs’ counsel indicated that he would be withdrawing from the case.  (Ibid.)  On August 16, 2023, Plaintiffs filed substitution of counsel forms to represent themselves.  Defendant’s counsel filed the instant motions on August 22, 2023, and Plaintiffs’ new counsel filed substitution of counsel forms on September 18, 2023. 

Plaintiffs filed oppositions on November 28, 2023.  The oppositions do not explain why they did not comply with their discovery obligations between September 18, 2023, and November 28, 2023.  Instead, the oppositions argue that Defendant’s counsel failed to sufficiently meet-and-confer before filing these motions.  The Court disagrees.  Defendants’ counsel made ample efforts to attempt to resolve these issues without a motion, and Plaintiffs simply failed to comply with their discovery obligations for over seven months.

Based upon the foregoing, the Court orders as follows:

1.         Defendant’s motions to compel are granted.

2.         Plaintiffs shall provide code-compliant responses, without objections, in 60 days.

3.         The Court finds that Plaintiffs have abused the discovery process, warranting sanctions.  The Court orders as follows: (a) Plaintiff San Joong Kim shall pay Defendant monetary sanctions in the amount of $748.91 within 60 days; and (b) Plaintiff Suk Kyung Yun shall pay Defendant monetary sanctions in the amount of $2,817.82 within 60 days. 

4.         If Plaintiffs fail to provide code-compliant responses by the deadline, absent good cause, Defendant may notice any motion for terminating sanctions for hearing on March 18, 2023, at 8:30 a.m.

5.         Defendant’s counsel shall provide notice and file proof of such with the Court.