Judge: Stephen P. Pfahler, Case: 23STCV03876, Date: 2024-09-10 Tentative Ruling

Case Number: 23STCV03876    Hearing Date: September 10, 2024    Dept: 68

Dept. 68

Date: 9-10-24

Case # 23STCV03876

Trial Date: 6-23-25

DISCOVERY

MOVING PARTY: Plaintiff, Jeff Jooil Lee

RESPONDING PARTY: Unopposed/Defendant, Grand Life, Inc.

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

On February 2, 2023, Plaintiff filed a complaint for 1. Violation Of California Labor Code Sections 204, 1182.12, 1194 And 1194.2 (Failure Of Pay Minimum Wage); 2. Violation Of California Labor Code Sections 510, 1194 And 1198 (Unpaid Overtime); 3. Violation Of California Labor Code Sections 226. 7 And 512(A) (Unpaid Meal Period Premiums); 4. Violation Of California Labor Code Sections 226. 7 (Unpaid Rest Period Premiums); 5. Violation Of California Labor Code Sections 226(A) (Non-Compliant Wage Statements); 6. Violation Of California Labor Code Sections 203 (Waiting Time Penalties); and, 7. Violation Of California Business & Professions Code Sections 17200, Et Seq. On April 26, 2023, Grand Life, Inc. and Byung G. You, answered the complaint. On April 28, 2023, Grand Life, Inc. and Seung Woo Oh filed a 170.6 challenge, thereby leading to reassignment of the action to Department 68 on May 3, 2023. On May 31, 2023, Plaintiff dismissed Seung Woo Oh.

RULING: Granted.

Plaintiff, Jeff Joil Lee moves to compel responses to Form and Special Interrogatories (set one), and Request for Production of Documents (set one) from Defendant Grand Life, Inc.. Plaintiff also moves to deem Requests for Admissions admitted.

Plaintiff served Defendant with all items on June 1 and 8, 2023. [Declaration of Jong Yun Kim, ¶ 3, Exhibits A-D.] At the time of the filing of the motions, no responses were received. [Id., ¶ 4.]

The court electronic filing system shows no opposition or reply on file at the time of the tentative ruling publication cutoff. The unopposed motions are granted. Defendant Grand Life, Inc. 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 $1750, which includes the $1,000 statutory minimum required for request for production of documents, plus $250 for form interrogatories, $250 for special interrogatories and $250 for admissions. (Code Civ. Proc., §§ 2023.050, subd. (a), 2030.290(c) 2031.300, subd. (c), and 2033.280, subd. (c).) Sanctions imposed  joint and severally against both counsel and Grand Life, Inc., and payable within 30 days of this order.

Motion to be relieved as counsel for Plaintiff on calendar for September 24, 2024.

Plaintiff party to give notice.