Judge: Virginia Keeny, Case: 21STCV17214, Date: 2025-05-02 Tentative Ruling

Case Number: 21STCV17214    Hearing Date: May 2, 2025    Dept: 45

TERPEN INC, et al. vs MEMORY BUSS, et al.

motionS to compel discovery responses

Date of Hearing:        May 2, 2025                           Trial Date:       January 5, 2026

Department:              45                                            Case No.:        21STCV17214

Moving Party:            Plaintiffs Terpen, Inc.

Responding Party:     No opposition  

BACKGROUND

On May 6, 2021, Plaintiffs Terpen Inc., Jairo Arrieta Joel Arrieta, and Juan Carlos Diaz filed a complaint against Defendants Memory Buss, Arcturian Light, LLC and Pleiadian Light, LLC. Plaintiffs allege this case arises from Defendant Memory Buss fraudulently inducing Terpen, a non-Accredited Investor, to invest $1.5 million in exchange for promised ownership in Defendants. Furthermore, Buss and other Defendants owe the Plaintiffs over $600,000 in unpaid wages for bringing the premises occupied by Defendants into legal compliance and other work expressly requested by Buss.

[Tentative] Ruling

I.                    Motion for Order Compelling Compliance against Defendant Arcturian Light, LLC and for Monetary Sanctions is GRANTED.

II.                  Motion for Order Compelling Compliance against Defendant Pleiadian Light, LLC and for Monetary Sanctions is GRANTED.

III.                Motion for Order Compelling Compliance against Defendant Memory Buss  and for Monetary Sanctions is GRANTED.

DISCUSSION

The court notes Plaintiff Terpen Inc. filed a Motion to Compel Deposition Attendance and Testimony of Defendant Memory Buss, produce documents for inspection at deposition and monetary sanctions. This motion was filed April 21, 2025 and the Notice states the hearing is for May 2, 2025, less than 16 court days before the hearing. As such, the court will hear not this motion.

I.                    MOTION FOR ORDER COMPELLING COMPLIANCE AGAINST DEFENDANT ARCTURIAN LIGHT, LLC AND FOR MONETARY SANCTIONS

Plaintiffs Terpen Inc., Jairo Arrieta Joel Arrieta, and Juan Carlos Diaz move the court for an order requiring Defendant Arcturian Light, LLC to produce documents Arcturian stated it would produce in response to Terpen’s Request for Production of Documents, Set One, served on Arcturian by Terpen on July 24, 2021. Plaintiffs also seek sanctions in the amount of $7,685.00 against Arcturian and its counsel, Dev Das, jointly and severally.

A motion to compel compliance pursuant to Code of Civil Procedure Section 2031.320 does not have a 45-day time limit; nor does it contain a meet and confer requirement or a good cause requirement. This type of motion is only proper where the responding party represented in its response that it would comply with the request for production and failed to do so. (CCP § 2031.320(a).) A proper response to a request for production is “[a] statement that the party will comply with the particular demand for inspection, copying, testing, or sampling” by the date set forth in Code of Civil Procedure Section 2031.030(c)(2) (within a reasonable time, at least 30 days after service of the demand). 

Plaintiffs argue in response to the Requests Nos. 1, 7-9, 12, 15, 23, 26, 30-36, 39-41, 47, 48, 51, 52, 54, 63, 64, 67, 68, Arcturian indicated that it would produce responsive documents. However, no documents responsive to the Requests have been produced to date. The motion is unopposed.

Based on the foregoing, the court finds Plaintiffs are entitled to an order compelling compliance.  All responsive documents to be produced within 20 days.

Sanctions

Code of Civil Procedure section 2031.320(b) provides the court shall impose a monetary sanction against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel compliance with a demand, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.

Plaintiffs seek $7,685.00 in monetary sanctions against Arcturian and their counsel. Plaintiffs argue there is no justification for Arcturian to promise it would produce documents responsive to the Requests but to fail to do so for nearly two years.

The court GRANTS the request for sanctions in the reduced amount of $1,862.50. Sanctions payable jointly and severally by Arcturian and counsel within 30 days. 

II.                  MOTION FOR ORDER COMPELLING COMPLIANCE AGAINST DEFENDANT PLEIADIAN LIGHT LLC AND FOR MONETARY SANCTIONS

Plaintiffs Terpen Inc., Jairo Arrieta Joel Arrieta, and Juan Carlos Diaz move the court for an order requiring Defendant Pleiadian Light, LLC to produce documents Pleiadian stated it would produce in response to Terpen’s Request for Production of Documents, Set One, served on Pleiadian by Terpen on July 24, 2021. Plaintiffs also seek sanctions in the amount of $7,685.00 against Arcturian and its counsel, Dev Das, jointly and severally.

Plaintiffs argue in response to the Requests Nos. 1, 7-9, 12, 15, 23, 26, 30-36, 39-41, 47, 48, 51, 52, 54, 63, 64, 67, 68, Pleiadian indicated that it would produce responsive documents. However, no documents responsive to the Requests have been produced to date. The motion is unopposed.

Based on the foregoing, the court finds Plaintiffs are entitled to an order compelling compliance. All responsive documents to be produced within 20 days.

Sanctions

Code of Civil Procedure section 2031.320(b) provides the court shall impose a monetary sanction against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel compliance with a demand, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.

Plaintiffs seek $7,685.00 in monetary sanctions against Arcturian and their counsel. Plaintiffs argue there is no justification or Arcturian to promise it would produce documents responsive to the Requests but fail to do so for nearly two years.

The court GRANTS the request for sanctions in the reduced amount of $1000.00. 

III.                MOTION FOR ORDER COMPELLING COMPLIANCE AGAINST DEFENDANT MEMORY BUSS AND FOR MONETARY SANCTIONS

Plaintiffs Terpen Inc., Jairo Arrieta Joel Arrieta, and Juan Carlos Diaz move the court for an order requiring Defendant Memory Buss to produce documents Memory Buss stated it would produce in response to Terpen’s Request for Production of Documents, Set One, served on Pleiadian by Terpen on July 24, 2021. Plaintiffs also seek sanctions in the amount of $7,685.00 against Memory Buss and its counsel, Dev Das, jointly and severally.

Plaintiffs argue in response to the Requests Nos. 1, 7-9, 12, 15, 23, 26, 30-36, 39-41, 47, 48, 51, 52, 54, 63, 64, 67, 68, Memory Buss indicated that it would produce responsive documents. However, no documents responsive to the Requests have been produced to date. The motion is unopposed.

Based on the foregoing, the court finds Plaintiffs are entitled to an order compelling compliance. All responsive documents to be produced within 20 days.

Sanctions

Code of Civil Procedure section 2031.320(b) provides the court shall impose a monetary sanction against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel compliance with a demand, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.

Plaintiffs seek $7,685.00 in monetary sanctions against Memory Buss and their counsel. Plaintiffs argue there is no justification or Memory Buss to promise it would produce documents responsive to the Requests but fail to do so for nearly two years.