FARZAD HAJIMORADI VS STEVE GANDARA, ET AL.

Tentative Rulings

Case Number: 19STLC06185    Hearing Date: February 03, 2021    Dept: 26

Hajimoradi v. Gandara, et al.

MOTION TO COMPEL RESPONSES TO INTERROGATORIES AND REQUEST FOR PRODUCTION; REQUEST FOR SANCTIONS

(CCP § 2030.290)

TENTATIVE RULING:

Defendant Steve Gandara’s (1) Motion Compelling Plaintiff Farzad Hajimoradi to Respond to Form Interrogatories, Set One and for Monetary Sanctions; and (2) Motion Compelling Plaintiff Farzad Hajimoradi to Respond to Request for Production, Set One and for Monetary Sanctions are GRANTED. PLAINTIFF IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTIONS WITHIN 20 DAYS’ SERVICE OF THIS ORDER. PLAINTIFF IS ORDERED TO PAY SANCTIONS OF $510.00 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

Defendant Steve Gandara (“Defendant Gandara”) propounded Form Interrogatories, Set One and Request for Production, on Plaintiff Aries Phillips (“Plaintiff”) on November 22, 2019. (Motions, Coy Decl., Exh. A.) Following Plaintiff’s failure to provide timely responses, Defendant extended the deadline to serve verified responses but was advised by Plaintiff’s counsel at the time that he was unable to contract Plaintiff. (Id. at Exhs. B-C.) The Court granted Plaintiff’s counsel’s motion to withdraw on October 15, 2020. (Minute Order, 10/15/20.) Defendant Gandara filed the instant Motions to Compel Responses and Request for Sanctions on January 7, 2021. To date, no opposition has been filed.

Discussion

There is no requirement for a prior meet and confer effort before a motion to compel initial responses can be filed. (Code Civ. Proc., § 2030.290.) Further, the motion can be brought any time after the responding party fails to provide the responses. (Code Civ. Proc., § 2030.290.) Based on the Plaintiff’s failure to respond to the propounded discovery, Defendant Gandara is entitled to an order compelling Plaintiff to serve verified responses to the form interrogatories and request for production without objections.

Plaintiff’s failure to timely respond constitutes a misuse of the discovery process. (Code Civ. Proc., § 2023.010, subd. (d).) Sanctions are appropriate under Code of Civil Procedure sections 2023.010 and 2023.030 and have been properly noticed for each motion. However, the amount sought is excessive under a lodestar calculation. The request for sanctions is granted against Plaintiff in the total amount of $510.00 based on two hours of attorney time billed at $195.00 an hour and $120.00 in costs. (Motions, Coy Decl., ¶7.)

Conclusion

Defendant Steve Gandara’s (1) Motion Compelling Plaintiff Farzad Hajimoradi to Respond to Form Interrogatories, Set One and for Monetary Sanctions; and (2) Motion Compelling Plaintiff Farzad Hajimoradi to Respond to Request for Production, Set One and for Monetary Sanctions are GRANTED. PLAINTIFF IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTIONS WITHIN 20 DAYS’ SERVICE OF THIS ORDER. PLAINTIFF IS ORDERED TO PAY SANCTIONS OF $510.00 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice.

Case Number: 19STLC06185    Hearing Date: October 15, 2020    Dept: 26

Hajimoradi v. Gandara, et al.

MOTION TO BE RELIEVED AS COUNSEL

(CCP § 284(2); CRC Rule 3.1362)

TENTATIVE RULING

Robin E. Paley, Esq.’s Motion to Withdraw as Counsel for Plaintiff Farzad Hajimoradi is GRANTED. PROPOSED ORDERS HAVE BEEN SUBMITTED. RULING TO BE EFFECTIVE UPON FILING OF PROOF OF SERVICE OF CORRECTED AND SIGNED ORDER UPON ALL PARTIES.

Moving party to give notice to client and all parties.