Judge: Theodore R. Howard, Case: 20-1174247, Date: 2022-08-18 Tentative Ruling

Before the Court is the Motion to Compel Site Inspection, etc., filed by Plaintiff Jaime Hernandez, Jr. (here, “Plaintiff”) on 2/23/22.

The Motion requested an order compelling Defendants Crockett Graphics, Inc. (“Crockett”) and Kaplan MB Properties II (“Kaplan”) to allow Plaintiff to enter and inspect the property at issue, as neither had responded to or complied with Plaintiff’s prior Demand for Site Inspection. The Motion is unopposed. However, Plaintiff’s 8/11/22 submission states that the inspection has since occurred. (ROA 119.) The Motion is thus MOOT except as to the requests for sanctions.

The request for monetary sanctions is GRANTED IN PART. The Motion demonstrates that Plaintiff served a Request for Site Inspection demanding that Crockett and Kaplan permit the requested inspection on 8/27/21. (Martirosyan Decl. ¶ 2, Ex. A.) The Motion asserts that no responses were provided, and that at counsel for Crockett’s request, Plaintiff made repeated efforts to reset the inspection for a date convenient to Crockett, Kaplan, and their counsel, yet no inspection was permitted by the time the Motion was filed, and efforts to confer re same had proven fruitless as Crockett’s counsel never proposed an alternate date and Kaplan’s counsel did not respond at all. (Id. at ¶¶ 3-12, Exs. B-I.) No opposition has been filed, so these assertions are effectively undisputed. Under these circumstances, Plaintiff has shown that the Motion was necessary, and that sanctions are warranted under C.C.P. §§ 2023.010 and 2031.300. 

However, the Court finds that the reasonable fees and costs which should be imposed on this motion are $3,660, rather than the $5,000 sum claimed. Sanctions in the amount of $3,660 are thus imposed on Crockett and Kaplan, and their respective counsel of record, Michael Jenkins and Lorin D. Snyder, jointly and severally, for failing to allow a site inspection, and for failing to meet and confer in good faith.  Such sanctions are to be paid to Plaintiff, through his counsel of record, within 30 days after service of notice of this ruling.

To the extent that ROA 119 seeks any additional sanctions based on the facts asserted therein, the request is DENIED without prejudice, as any such sanctions are beyond the scope of this Motion.

Counsel for Plaintiff is to give notice of this ruling.