Judge: Stephen P. Pfahler, Case: 22STCV22479, Date: 2024-01-24 Tentative Ruling



Case Number: 22STCV22479    Hearing Date: January 24, 2024    Dept: 68

Dept. 68

Date: 1-24-24

Case # 2STCV22479

Trial Date: 5-20-24

 

DISCOVERY

 

MOVING PARTY: Defendant, Renaissance Maintenance Corp.

RESPONDING PARTY: Unopposed/Plaintiff, Albert Agdaian

 

RELIEF REQUESTED

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

 

Motion to Deem Request for Admissions Admitted

 

SUMMARY OF ACTION

Plaintiff Albert Agdaian alleges the completion of a sale of certain real property identified as 7373 Perigord Court, Tujunga, with an unidentified third party. During the escrow period, the escrow officer paid claim for $67,153 to defendant Renaissance Estates based on an apparent lien. Plaintiff denies any such basis for the charge or approval of the payment by the escrow officer, though Plaintiff concedes to some lien liability.

 

On July 12, 2022, Plaintiff filed a complaint for Intentional Interference with Contract, Conversion, and Declaratory Relief. Renaissance Maintenance Corp. answered the complaint on November 4, 2022.

 

RULING: Granted.

Defendant Renaissance Maintenance Corp. moves to compel responses to Form and Special Interrogatories (set one), and Request for Production of Documents (set one) from plaintiff Alejandro Estevez. Defendant also moves to deem Requests for Admissions admitted.

 

The court consolidates the four separately filed motions into a single ruling. Defendant served Plaintiff with all items on October 31, 2023. [Declarations of Jonathan Davis, ¶ 2, Exhibits.] At the time of the filing of the motions, no responses were received. [Id., ¶ 6.]

 

Defendant filed notices of failure to file oppositions. The court electronic filing system shows no oppositions on file at the time of the tentative ruling publication cutoff. The unopposed motions are granted. Plaintiff Albert Agdaian is ordered to serve verified responses to form special interrogatories, and the request for production of documents, without objections within ten days. (Code Civ. Proc., §§ 2030.290, subd. (a-b), 2031.300, subd. (a-b).)  The request for admissions is deemed admitted. (Code Civ. Proc., § 2033.280, subd. (a-b).)

 

Sanctions in the amount of $1000 joint and severally imposed against both counsel and plaintiff Albert Agdaian, and payable within 30 days of this order. (Code Civ. Proc., § 2030.290(c) 2031.300, subd. (c), and 2033.280, subd. (c).)

 

Trial remains set for May 20, 2024.

 

Moving party to give notice.