Judge: Stephen P. Pfahler, Case: 20CHCV00344, Date: 2022-10-11 Tentative Ruling

Case Number: 20CHCV00344    Hearing Date: October 11, 2022    Dept: F49

Dept. F-49

Date: 10-11-22

Case # 20CHCV00344

Trial Date: 12-5-22

DISCOVERY

MOVING PARTY: Plaintiff, Raymon Khamo

RESPONDING PARTY: Unopposed/Defendant, Rony Warda

RELIEF REQUESTED:

Motion to Compel Responses to Form Interrogatories, Special Interrogatories, and Request for Production of Documents

Motion to Deem Requests for Admissions Admitted

SUMMARY OF ACTION

Plaintiff Raymon Khamo alleges defendant Rony Warda, former son-in-law of decedent. Anna Khamo, fraudulent induced Anna to loan him $35,000 (two loans, one for $20,000, one for $15,000) following the sale of her home, without any intention to repay the loans. Plaintiff also alleges that Defendant also somehow had “taken” another $70,000 from Anna Khamo, though it’s not clear how this occurred.

On June 8, 2020, Plaintiff filed a complaint for Breach of Contract, and Financial Elder Abuse. Defendant answered on October 26, 2021.

RECOMMENDED RULING: Granted

Plaintiff Raymon Khamo moves to compel responses to Form Interrogatories (set one), Special Interrogatories (set one), and Request for Production of Documents (set one) served on defendant Rony Warda. Plaintiff also moves to deem Request for Admissions (set one) served on defendant deemed admitted.

Plaintiff represents service of Plaintiff on January 21, 2022. [Declaration of Michael Heimbold, ¶ 4, Ex. 1.] According to Plaintiff, at the time of the filing of the motion, no responses were received. [Id., ¶ 13.]

The motion is unopposed. Plaintiff in reply reiterates the basis of the unopposed motion.

The unopposed motion is granted. Defendant, Rony Warda is ordered to serve verified responses to Form Interrogatories (set one), Special Interrogatories (set one), and Request for Production of Documents (set one) without objections within ten days. (Code Civ. Proc., §§ 2030.290, subd. (a-b), 2031.300, subd. (a-b).) Plaintiffs’ motion to deem admissions admitted is also granted. (Code Civ. Proc., § 2033.280, subd. (b).)

Sanctions in the amount of $1,0000 against Rony Warda and counsel of record ($250 for each discovery item multiplied by four). (Code Civ. Proc., §§ 2030.290, subd. (c), 2031.300, subd. (c), 2033.280, subd. (c).) Payable within 30 days.

Trial remains set for December 5, 2022.

Plaintiff to give notice.