Judge: Thomas D. Long, Case: 21STCV20660, Date: 2022-07-28 Tentative Ruling

Case Number: 21STCV20660    Hearing Date: July 28, 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 27, 2021, Old Republic propounded Requests for Production, Set One on Brandon Min.  (Vaqar Decl., Ex. 1.)  Brandon Min did not serve responses, and the parties exchanged emails.  (Vaqar Decl. ¶¶ 4-5.)  On March 29, 2022, Brandon Min served responses, which Old Republic deem deficient.  (Vaqar Decl., Ex. 4.)  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 provide documents and supplemental responses.  (See Vaqar Decl., Ex. 10.)  Brandon Min served additional supplemental responses on June 10, 2022.  (Vaqar Decl., Ex. 11.)

On June 17, 2022, Old Republic filed this motion to compel further verified responses to Requests for Production Nos. 2 and 12.  On July 12, 2022, Brandon Min filed a combined opposition to this motion and Old Republic’s other discovery motion.

A party may move to compel a further response to a demand for production of documents if the demanding party deems that the statement of compliance with the demand is incomplete; the representation of inability to comply is inadequate, incomplete, or evasive; or an objection in the response is without merit or too general.  (Code Civ. Proc., § 2031.310, subd. (a).)  “A representation of inability to comply with the particular demand for inspection, copying, testing, or sampling shall affirm that a diligent search and a reasonable inquiry has been made in an effort to comply with that demand,” and it must also specify why the party is unable to comply and identify who is known or believed to have possession, custody, or control of the documents.  (Code Civ. Proc., § 2031.230.)

RFP No. 2 asked Brandon Min to “[p]roduce all DOCUMENTS RELATED TO the ownership of the PROPERTY from 1998 to the Present.”  Brandon Min’s response and supplemental response both stated, “Other than the documents mentioned and/or produced in the current litigation, and in the prior litigation of BC 584100, he has no knowledge of the ownership of the Property from 1998 to the present.  Further, except for the invalidated deeds in the judgment of BC 584100, the recorded documents are all public record.  His interest is reflected in the 2013 deed of 15% ownership to him.”  RFP No. 12 requested “[t]en (10) original exemplars of YOUR signature from in or about 2015.”  Brandon Min’s response and supplemental response both stated, “Responding Party will provide the requested documents.”  Old Republic argues these responses are deliberately evasive.

Brandon Min’s responses do not affirm that a diligent search and a reasonable inquiry has been made.  He does not explain why he cannot comply with the requests.  The opposition acknowledges that he “had a Feb 07, 2013 quitclaim deed to him from his father.”  Brandon Min must produce any responsive documents in his possession and provide code-compliant responses to RFP No. 2.

With respect to RFP No. 12, the opposition contends that Brandon Min has no documents with his signatures from 2013 to the present, and “[a]fter a thorough search, he had found nothing with his signature upon it for the time periods requested.”  If that is the case, then he must provide a code-compliant verified supplemental response stating so.  (See Code Civ. Proc., § 2031.230.)

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 in failing to provide code-compliant 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 28th day of July 2022