Judge: William A. Crowfoot, Case: 22GDCV00881, Date: 2023-12-12 Tentative Ruling


Case Number: 22GDCV00881    Hearing Date: January 3, 2024    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT

 

KRIKOR KASSABIAN, et al.,

                   Plaintiff(s),

          vs.

 

CITY OF GLENDALE, et al.,

 

                   Defendant(s).

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      CASE NO.: 22GDCV00881

 

[TENTATIVE] ORDER RE: DEFENDANT CITY OF GLENDALE’S MOTION TO COMPEL DEFENDANT FRUNZIK SARGSYAN’S RESPONSES TO FORM INTERROGATORIES, SET ONE

 

Dept. 3

8:30 a.m.

January 3, 2024

 

On November 16, 2022, plaintiffs Krikor Kassabian and Christina Chobanian filed this action against defendants City of Glendale (“City”) and Frunzik Sargsyan (“Sargsyan”) arising from motor vehicle collision that occurred on September 30, 2021.  On April 14, 2023, City served Form Interrogatories (Set One) on Sargsyan.  Despite granting several extensions to respond, no responses have been received.

In opposition, Sargsyan’s counsel submitted a declaration stating that Sargsyan does not oppose the motion and intends to respond to written discovery within 60 days. Sargsyan’s counsel also implies that Sargsyan should be able to object to the interrogatories and assert the privilege against self-incrimination due to an earlier order relating to City’s motion for an order compelling Sargsyan’s deposition.

Where a party fails to serve timely responses to discovery requests, the court may make an order compelling responses. (Code Civ. Proc., § 2030.290.)  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).) The court has statutory power to grant relief from such waiver, but relief must be acquired by noticed motion and a showing that substantially compliant responses have been served. (Ibid.)

There is no noticed motion before the Court seeking relief from Defendant’s waiver of objections and it does not appear that substantially compliant responses (which may include objections) have been served because defense counsel declares that they have been unable to contact Sargsyan while he is detained in Arizona. Therefore, the Court is unable to grant relief from his waiver of objections. Accordingly, City’s motion is GRANTED and Sargsyan is ordered to serve verified responses without objections to City’s Form Interrogatories (Set One) within 60 days of the date of this Order.

Moving party to give notice.

Dated this 3rd day of January 2024

 

 

 

 

William A. Crowfoot

Judge of the Superior Court

 

 

Parties who intend to submit on this tentative must send an email to the Court at ALHDEPT3@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org. Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter. Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue. If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.