Judge: Thomas D. Long, Case: 21STCV20660, Date: 2022-07-27 Tentative Ruling

Case Number: 21STCV20660    Hearing Date: July 27, 2022    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On September 30, 2021, Defendant and Cross-Complainant Old Republic National Title Insurance Company (“Old Republic”) filed a cross-complaint against Brandon Min.  Brandon Min filed an answer on November 17, 2021, and a cross-complaint against Old Republic and Chris Sung Moon Min on November 18, 2021.

On December 21, 2021, Old Republic propounded Form Interrogatories, Set One on Brandon Min.  (Vaqar Decl., Ex. 1.)  Brandon Min served responses on January 24, 2022, which Old Republic deem deficient.  (Vaqar Decl., Ex. 2.)  After meeting and conferring, Brandon Min served supplemental responses.  (Vaqar Decl. ¶¶ 5-7 & Ex. 5.)  Following further meet and confer efforts, the parties participated in an informal discovery conference on June 7, 2022.  (Vaqar Decl. ¶ 8.)  The Court instructed Brandon Min to amend his responses to Form Interrogatory No. 15.1 and address each denial and affirmative defense in his answer.  (See Vaqar Decl., Ex. 9.)  Brandon Min served additional supplemental responses on June 10, 2022.  (Vaqar Decl., Ex. 10.)

On June 17, 2022, Old Republic filed this motion to compel further verified responses to Form Interrogatory 15.1.  On July 12, 2022, Brandon Min filed a combined opposition to this motion and Old Republic’s other pending discovery motion.

A party may move to compel a further response to interrogatories if the demanding party deems an answer to be evasive or incomplete, if an exercise of the option to produce documents is unwarranted or inadequate, or if objection is without merit or too general.  (Code Civ. Proc., § 2030.300, subd. (a).)

Form Interrogatory 15.1 asked Brandon Min to “[i]dentify each denial of a material allegation and each special or affirmative defense in [his] pleadings and for each: (a) state all facts upon which [he] base[s] the denial or special or affirmative defense; (b) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of those facts; and (c) identify all DOCUMENTS and other tangible things that support [his] denial or special or affirmative defense, and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT.”

Brandon Min’s June 10, 2022 supplemental response, like his earlier responses, is again in a narrative, omnibus format.  It does not identify and address each denial of a material allegation and each special or affirmative defense, along with the requested information for each denial or defense.  The response argues multiple times that this action has no valid basis and is brought in bad faith and with malice.  It states that he “does not know the persons who have the personal knowledge of the underlying facts, but the parties are referred to the judgment in the prior case” (presumably Case No. BC584100).  Yet his response also refers to an unidentified notary who acknowledged three 2015 quitclaim deeds and the notary’s testimony.  It also refers to the Gelbards, who relied on a forged deed.  Brandon Min seemingly states that these individuals, at least, have some knowledge of the facts.  Additionally, the reference to “the judgment in the prior case” does not state the facts upon which Brandon Min’s denials and defenses are based, especially when the response also states that he “was not a party to the earlier litigation, nor aware of it.”

The motion to compel further responses is GRANTED.  Brandon Min is ordered to produce compliant verified supplemental responses within 10 days.

The request for sanctions is also granted, as Brandon Min did not act with substantial justification after numerous meet and confer efforts and after agreeing at the IDC to provide proper amended responses.  (Code Civ. Proc., § 2030.300, subd. (d).)  Brandon Min is ordered to pay sanctions of $2,315.00 to Old Republic within 10 days.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit.  Parties intending to appear are encouraged to appear remotely and should be prepared to comply with Dept. 48’s new requirement that those attending court in person wear a surgical or N95 or KN95 mask.

         Dated this 27th day of July 2022