Judge: Stephen P. Pfahler, Case: 23STCV12497, Date: 2024-07-02 Tentative Ruling

Case Number: 23STCV12497    Hearing Date: July 2, 2024    Dept: 68

Dept. 68

Date: 7-2-24

Case #: 23STCV12497

Trial Date: 2-18-25

FORM INTERROGATORIES

MOVING PARTY: Plaintiff, Dwain Lammey

RESPONDING PARTY: Defendant, GG LA Figueroa, LLC

RELIEF REQUESTED

Motion to Compel Responses to Form Interrogatories

SUMMARY OF ACTION

Plaintiff Dwain Lammey requires the use of a wheelchair. On January 31, 2023, Plaintiff sought to enter the premises of a Cold Stone Creamery, owned and/or operated by Defendants, which maintains non-compliant counters and tables to accommodate protected persons entering public establishments.

On June 5, 2023, Plaintiff filed a verified complaint for Violation of the Americans with Disabilities Act, and Violation of the Unruh Act. On July 14, 2023, an answer was filed by Marlan Cooper, presumably in pro per, and purportedly on behalf of Maresp Corporation. On July 21, 2023, GG LA Figueroa, LLC, filed a verified answer to the complaint. On August 29, 2023, a default was entered against Maresp Corporation.

On October 13, 2023, the court sustained the demurrer to the answer of GG LA Figueroa, LLC, and denied the motion to strike. GG LA Figueroa, LLC filed an amended answer on November 3, 2023. On January 16, 2024, GG LA Figueroa, LLC filed a cross-complaint against both Cold Stone Creamery, Inc. and Maresp Corporation for Express Contractual Indemnity, Implied Indemnity, and Declaratory Relief.

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 36. 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. 

RULING: Granted.

Plaintiff Dwain Lammey moves to compel responses to form interrogatories (set one) from Defendant GG LA Figueroa, LLC.

Plaintiff served the subject discovery on December 13, 2023. (Declaration of Dennis Price, ¶¶ 4, 6; Ex. C.) According to Plaintiff, at the time of the filing of the motion, no responses were received. [Id., ¶ 9.]

On June 9, 2024, GG LA Figueroa, LLC filed an opposition supported by the declarations of Ara Sahelian (“Sahelian Decl.”) and Charles A. Alfonso (“Alfonso Decl.”). Mr. Alfonso declares that he inadvertently missed the form interrogatories that Plaintiff propounded on GG LA Figueroa, LLC due to a calendaring error. (Alfonso Decl., ¶ 2.) Mr. Alfonso advised Plaintiff that there was no need to file a motion to compel and that GG LA Figueroa, LLC would provide responses. (Id.; Ex. A.) Counsel for Plaintiff demanded that GG LA Figueroa, LLC provide substantive, objection-free objections. (Ibid.) However, Mr. Alfonso refused to waive objections. (Ibid.)

Ms. Sahelian contends that she substituted in as GG LA Figueroa, LLC’s counsel on February 20, 2020. (Opposition, 3:7-8.) However, the court’s electronic filing system shows that Ms. Sahelian only filed a substitution of attorney to represent defendant Maresp Corp., not GG LA Figueroa, LLC. GG LA Figueroa, LLC’s counsel of record remains Mr. Alfonso.

In opposing papers, GG LA Figueroa, LLC argues that the papers filed on April 15, 2024 in connection with its motion for summary judgment make up for the evidence that Plaintiff seeks through discovery. The evidence provided in defendants’ motion for summary judgment includes measurements and photographs of the subject furniture, the expert testimony of a certified access specialist, and testimony from Marlan Cooper (the franchisee). GG LA Figueroa, LLC also advances arguments attacking Plaintiff’s credibility as a serial litigant, as well as substantive arguments as to the viability of Plaintiff’s claims.

On June 25, 2025, Plaintiff filed a reply.

The motion is granted. GG LA Figueroa, LLC does not dispute that it failed to timely respond to Plaintiff’s properly served form interrogatories (set one). (Alfonso Decl., ¶ 2.) Plaintiff was entitled to receive objection-free responses from GG LA Figueroa, LLC. However, GG LA Figueroa, LLC refused to provide them, thus necessitating this motion. GG LA Figueroa, LLC’s arguments in opposition are immaterial in the context of a motion to compel discovery responses.

Defendant GG LA Figueroa, LLC is ordered to serve verified responses to form interrogatories (set one) without objections within ten days. (Code Civ. Proc., §§ 2030.290, subd. (a-b).)

Sanctions in the amount of $250 are payable in 30 days and imposed jointly against GG LA Figueroa, LLC and counsel. The request for issue sanctions is premature and denied.

Multiple motions for discovery, set aside a default, protective order and summary judgment beginning on July 3, 2024.

Plaintiff to give notice.