Judge: Stephen I. Goorvitch, Case: 20STCV48123, Date: 2022-12-14 Tentative Ruling

Case Number: 20STCV48123    Hearing Date: December 14, 2022    Dept: 39

Millinium Properties, Inc. v. Aaron Hoh Yin Shum et al.
Case No. 20STCV48123

Order #1 of 2

Motion to Compel Further Responses

            Cross-Defendant Mosaic Escrow, Inc. (“Mosaic”) moves to compel further responses to certain Requests for Production of Documents (“RPD”) from Millinium Properties, Inc. (“Millinium”).  Code of Civil Procedure section 2031.230 requires Millinium to indicate whether the document has never existed, has been destroyed, has been lost, misplaced, or stolen, or has never been, or is no longer in the possession, custody, or control of the responding party.  The statement shall set forth the name and address of any natural person or organization known or believed to have possession, custody or control of the document.  Millinium failed to comply with this section.  First, Millinium does not make clear whether the documents “have never been in the possession, custody or control of the responding party, or are lost or destroyed . . . .”  Millinium must specify or, if Millinium cannot do so, Millinium must make that clear.  Second, Millinium merely states that the documents are “readily available,” but does not identify the party known or believed to have possession, custody, or control of the documents. 

            Nevertheless, Millinium’s supplemental responses comply with Code of Civil Procedure section 2031.220 because they make clear that it states that all documents “that are in the possession, custody and control of this responding party are produced herewith as indicated above.”  Therefore, the motion is denied as moot.  Mosaic’s counsel represents that Millinium’s discovery responses are inaccurate.  In response to RPD #2 and RPD #4, Millinium represents that “all documents in the demanded category not subject to any previously asserted objection, that are in the possession, custody and control of this responding party are produced herewith as indicated above.”  Counsel for Mosaic represents that no such documents were produced.  If so, then Mosaic is free to file a motion for monetary sanctions against both Millinium and counsel, as well as for evidentiary, issue, and/or terminating sanctions under Code of Civil Procedure sections 128.7, 2023.030, and any other applicable provisions of the Code of Civil Procedure, the California Rules of Court, and/or the Local Rules.  The Court orders counsel to meet-and-confer before any such motion is filed, preferably by telephone.    

            Mosaic seeks sanctions against Millinium and its counsel-of-record in the amount of $1,410 in connection with the motion.  The motion as filed on October 27, 2022, and the supplemental responses were not made until on or about November 29, 2022, shortly in advance of the hearing.  The Court finds that Millinium has abused the discovery process in not providing timely responses, necessitating this motion.  The Court finds that the amount requested is fair and reasonable under the circumstances.  Therefore, the Court grants the request for sanctions.

            Based upon the foregoing, the Court orders as follows:

            1.         Mosaic’s motion to compel further responses is denied as moot.

            2.         The Court grants Mosaic’s request for sanctions and orders Millinium Properties, Inc. and the Law Offices of Joseph West, jointly and severally, to pay sanctions in the amount of $1,410 within thirty (30) days.

            3.         Mosaic’s counsel shall provide notice. 

Order #2 of 2

Motion to Deem Admitted

            Cross-Defendant Mosaic Escrow, Inc. (“Mosaic”) moves to deem the matters specified in the Requests for Admission (“RFAs”) served upon Millinium Properties, Inc. (“Millinium”) to be admitted.  Millinum served verified responses on or before December 1, 2022.  Therefore, the motion is denied as moot. 

Mosaic seeks sanctions against Millinium and its counsel-of-record in the amount of $1,275 in connection with the motion.  The Court finds that sanctions are mandatory under Code of Civil Procedure 2033.280(c).  The Court finds that the requested amount is fair and reasonable under the circumstances.  Therefore, the Court grants the request.

Based upon the foregoing, the Court orders as follows:

            1.         Mosaic’s motion to compel further responses is denied as moot.

            2.         The Court grants Mosaic’s request for sanctions and orders Millinium Properties, Inc. and the Law Offices of Joseph West, jointly and severally, to pay sanctions in the amount of $1,250 within thirty (30) days.

            3.         Mosaic’s counsel shall provide notice.