Judge: Thomas D. Long, Case: 22STCV08160, Date: 2023-03-28 Tentative Ruling

Case Number: 22STCV08160    Hearing Date: March 28, 2023    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On March 7, 2022, Plaintiff Prometheus Management, LLC filed this action against Defendants Pineapple Park, LLC, Pineapple Ventures, Inc., and Vincent Zadeh (erroneously sued as Vincent Mehdizadeh).  The Court later entered default against Pineapple Park, LLC.

On September 29, 2022, Plaintiff served Form Interrogatories, Special Interrogatories, Requests for Admission, and Requests for Production of Documents on Defendants.  Plaintiff has not received any responses.

On January 24, 2023, Plaintiff filed six motions to compel discovery responses (three for each defendant).  Plaintiff also filed two motions to deem requests for admissions admitted (one for each defendant).

MOTIONS TO COMPEL RESPONSES

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 who 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).) 

Neither Pineapple Ventures, Inc. nor Vincent Zadeh served responses to Plaintiff’s discovery requests.  They did not file any oppositions to the motions.  Accordingly, the motions to compel are GRANTED.

Pineapple Ventures, Inc. is ORDERED to serve verified responses, without objection, to Plaintiff’s (1) Form Interrogatories, Set One; (2) Special Interrogatories, Set One; and (3) Requests for Production of Documents, Set One within 21 days.

Vincent Zadeh is ORDERED to serve verified responses, without objection, to Plaintiff’s (1) Form Interrogatories, Set One; (2) Special Interrogatories, Set One; and (3) Requests for Production of Documents, Set One within 21 days.

The requests for sanctions are GRANTED IN PART.  Because no oppositions were filed, the Court will not award attorney fees for time reviewing oppositions and preparing replies.  The Court also will not award fees for time spent in connection with the hearings on the motions because the motions are unopposed and Plaintiff has the option to submit on the tentative ruling.

Pineapple Ventures, Inc. is ORDERED to pay Plaintiff sanctions of $690.00 ($170.00 attorney fees and $60.00 filing fee for each of the three motions) within 21 days.

Vincent Zadeh is ORDERED to pay Plaintiff sanctions of $690.00 ($170.00 attorney fees and $60.00 filing fee for each of the three motions) within 21 days.

MOTIONS TO DEEM REQUESTS FOR ADMISSION ADMITTED

Where a party fails to timely respond to a request for admission, the propounding party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted.  (Code Civ. Proc., § 2033.280, subd. (b).)  The party who failed to respond waives any objections, unless the court grants them relief from the waiver, upon a showing that the party has subsequently served a substantially compliant response and that the party’s failure to respond was the result of mistake, inadvertence, or excusable neglect.  (Code Civ. Proc., § 2033.280, subd. (a).)  The court shall grant a motion to deem admitted “unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220.”  (Code Civ. Proc., § 2033.280, subd. (c).)  A monetary sanction against the party whose failure to serve a timely response to requests for admission is mandatory.  (Code Civ. Proc., § 2033.280, subd. (c).)

Neither Pineapple Ventures, Inc. nor Vincent Zadeh served responses to Plaintiff’s Requests for Admission, Set One.  They did not file any oppositions to the motions.  Accordingly, the motions to deem Requests for Admission, Set One admitted are GRANTED.

The requests for sanctions are GRANTED IN PART.  Because no oppositions were filed, the Court will not award attorney fees for time reviewing oppositions and preparing replies.  The Court also will not award fees for time spent in connection with the hearings on the motions because the motions are unopposed and Plaintiff has the option to submit on the tentative ruling.

Pineapple Ventures, Inc. is ORDERED to pay Plaintiff sanctions of $465.00 ($425.00 attorney fees and $60.00 filing fee) within 21 days.

Vincent Zadeh is ORDERED to pay Plaintiff sanctions of $230.00 ($170.00 attorney fees and $60.00 filing fee) within 21 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 March 2023