Judge: Thomas D. Long, Case: 21STCV48055, Date: 2024-02-08 Tentative Ruling

Case Number: 21STCV48055    Hearing Date: February 8, 2024    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

KH CAPITAL, LLC,

                        Plaintiff,

            vs.

 

JOEL ZUBAID, et al.,

 

                        Defendants.

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      CASE NO.: 21STCV40885

 

[TENTATIVE] ORDER GRANTING MOTION TO COMPEL DISCOVERY

 

Dept. 48

8:30 a.m.

February 8, 2024

 

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On June 28, 2022, the Court entered judgment in favor of Plaintiff CNP Holdings LLC and against Defendant Joel Zubaid.  On February 8, 2023, Plaintiff assigned its rights to KH Capital LLC, and on October 10, 2023, KH Capital assigned its rights to Assignee Adam Harari.

On January 16, 2024, Assignee filed a motion to compel Defendant’s responses to Special Interrogatories, Set One, and Request For Production of Documents, Set One.

When a party fails to serve timely responses to discovery requests, the court may make an order compelling responses.  (Code Civ. Proc., §§ 2030.290, 2031.300; Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 403.)   A party that fails to serve timely responses waives any objections to the request, including ones based on privilege or the protection of attorney work product.  (Code Civ. Proc., §§ 2030.290, subd. (a), 2031.300, subd. (a).)  Sanctions shall be imposed against the party who unsuccessfully makes or opposes a motion to compel, unless the party acted with substantial justification or the sanction would otherwise be unjust.  (Code Civ. Proc., §§ 2030.290, subd. (c), 2031.300, subd. (c).)

Defendant did not serve responses to Assignee’s discovery and filed no opposition to this motion.

However, Assignee’s single motion seeks to compel production pursuant to two discovery requests.  Each category of discovery should have been filed as a separate motion.  Assignee is ordered to pay one additional filing fee.

Subject to the payment of the additional filing fee, the motion to compel is GRANTED.

Defendant is ordered to serve verified responses, without objections, to Assignee’s Special Interrogatories, Set One, and Request For Production of Documents, Set One within 30 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.  If all parties in the case submit on the tentative ruling, no appearances before the Court are required unless a companion hearing (for example, a Case Management Conference) is also on calendar.

 

         Dated this 8th day of February 2024

 

 

 

 

Hon. Thomas D. Long

Judge of the Superior Court