Judge: Stephen P. Pfahler, Case: 22STCV24512, Date: 2025-02-24 Tentative Ruling

Case Number: 22STCV24512    Hearing Date: February 24, 2025    Dept: 68

Dept. 68

Date: 2-24-25

Case #: 22STCV24512

Trial Date: 6-9-25 c/f 4-7-25

FURTHER INTERROGATORIES

MOVING PARTY: Plaintiff, Marc Bensemhoun

RESPONDING PARTY: Defendant, ROHCS Property Management Co.

RELIEF REQUESTED

Motion to Compel Further Responses to Form Interrogatories

SUMMARY OF ACTION

Plaintiff Marc Benshemhoun leased certain premises owned and/or managed by defendants ROHCS Property Management Co., Aryeh Robbins, Fred Schor, Josh Gottlieb, Tzvi Haber, and 330 North Genesee Avenue LLC, and located at 332.5 Genesee Ave., Los Angeles beginning on May 15, 2014. Beginning in September 2017, Plaintiff discovered mold on the premises, and notified defendants. No remediation was undertaken.

On February 18, 2022, Defendants filed an unlawful detainer action against Plaintiff, which was dismissed. On May 3, 2022, Defendants served a Three Day Notice to Pay Rent or Quit. A second Three Day Notice to Pay Rent or Quit was served on May 16, 2022.

On July 29, 2022, plaintiff Marc Bensemhoun filed a complaint for Breach of Warranty of Habitability (Violation of Civil Code § 1941.1), Breach of Warranty of Habitability (Health & Safety Code § 17920.3), Breach of Warranty of Habitability (Violation of Civil Code § 1942.4), Negligence - Premises Liability, Nuisance, Battery, Intentional Infliction of Emotional Distress, Negligent Infliction of Emotional Distress,  Breach of Contract, Breach of Covenant of Quiet Enjoyment, Unfair Business Practices (Violation of Business and Professions Code §17200, et. seq.), Fraudulent Concealment, Moratorium, Ordinance Nos.186585 and 186606, Violation of Los Angeles Tenant Anti Harassment Ordinance, Los Angeles Tenant Anti Harassment Ordinance Section 45.33, and Retaliation (Cal. Civ. Code § 1940.35).

Tzvi Haber answered the complaint on October 12, 2023. On January 27, 2023, the clerk entered a default against 330 North Genesee Avenue, LLC. On February 28, 2023, Fred Schor answered the complaint. On July 10, 2023, ROCH Management answered the complaint. On September 5, 2023, 330 North Genesee Avenue, LLC (notwithstanding the 1-27-23 clerk entered default) answered and filed a cross-complaint for Breach of Contract against Marc Bensemhoun. Bensemhoun answered the cross-complaint on October 5, 2023.

On November 15, 2023, the action was transferred from the personal injury hub court to Department 55. Plaintiff filed a 170.6 challenge thereby leading to reassignment to Department 38 on November 28, 2023. All hearings were vacated in a series of orders from both Departments 55 and 36. On December 11, 2023, Plaintiff filed a SECOND 170.6, which was accepted, and the case was transferred to Department 68. 

On May 9, 2024, Plaintiff dismissed Josh Gottlieb and Aryeh Robbins.

RULING: Granted.

Plaintiff Marc Bensemhoun moves to compel further responses to Form Interrogatories, numbers 4.1, 7.1, 7.3, and 17.1. Defendant ROHCS Property Management Co. in opposition maintains the motion is procedurally defective, Defendant fully complied with the March 21, 2024, and provided supplemental responses, Plaintiff improperly seeks protected insurance information on number 4.1, Plaintiff seeks irrelevant information on numbers 7.1 and 7.3, and the responses are complete and sufficient as to number 17.1. The court electronic filing system shows no reply at the time of the tentative ruling publication cutoff.

The notice of motion identifies all subject items. The points and authorities offers a general address of the response, with only specific identification of number 17.1. The separate statement identifies all noticed items. The court declines to deny the motion simply based on the lack of specificity in the separate statement given the proper notice and general statement regarding the purported deficiency of all responses. 

The motion follows the March 21, 2024, order compelling further responses to the exact same items. Further responses were served on June 30, 2024, and Plaintiff timely filed the subject motion on July 26, 2024.

Defendant again provided relevance objections to number 4.1, but in opposition to 4.1 now contends the response seeks “protected insurance information.” No such objection appears, and the challenge regarding insurance coverage information as unavailable to Plaintiff lacks both legal and factual support.

On 7.1 and 7.3, form of question to the judicial council form interrogatory was presented, but ROHC otherwise refers to a purported waiver of property damage claims, and otherwise admits to mold remediation for damage caused. Plaintiff only presents a series of legal citations without any acknowledgment of the purported damages waiver. The court cannot determine whether the subject item remains contested. The presumed reference to the prior “settlement agreement” in the unlawful detainer action is not part of this action, and the court declines to make any assumptions on said action as a preclusive bar to any claims in the subject case. Regardless, the admission of damages and statement of remediation is otherwise non-responsive and incomplete.

Finally on 17.1, Plaintiff references Requests for Admissions numbers 1-97, Defendant provided a series of objections on grounds of burdensome and harassing, and relevance. Again, the court finds no support for the objections. Given the subject interrogatory is indexed to the Requests for Admissions, and ROHC apparently elected to not seek a protective order or otherwise object to the volume of admissions thereby precluding further discovery into the matters, the court find the objections invalid.

The motion is granted. ROHC to provide further responses within 30 days of this order. Sanctions in favor of Plaintiff for $250 joint and several against Defendant and Counsel and payable within 30 days. (Code Civ. Proc., § 2030.300, subd. (a), (d).)

Jury trial remains set for June 9, 2025, and will not be continued again to accommodate yet more discovery motions.

Plaintiff to give notice.