JASMINE WADSWORTH VS BALUBHAI PATEL, REVOCABLE TRUST, ET AL.

Tentative Rulings

Case Number: 18STLC12713    Hearing Date: November 12, 2019    Dept: 94

MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS, AND FOR MONETARY SANCTIONS

(CCP §§ 2030.290, 2031.300)

TENTATIVE RULING:

Plaintiff Jasmine Wadsworth’s Motion to Compel Responses to Form Interrogatories and Requests for Production of Documents, and for Monetary Sanctions is GRANTED.

ANALYSIS:

I. Background

On June 21, 2019, Plaintiff Jasmine Wadsworth (“Plaintiff”) served Form Interrogatories on Defendant Balubhai Patel (“Patel”) and Requests for Production of Documents on Defendant Balubhai Patel Revocable Trust (the “Trust”). (Motion, Exhs. A-B.) To date, Plaintiff has not received any discovery responses to the propounded discovery requests from Patel and the Trust. (Id., Onyenacho Decl. ¶ 5.) As a result, Plaintiff filed the instant Motion to Compel Responses to Form Interrogatories and Requests for Production of Documents, and for Monetary Sanctions (the “Motion”) on September 19, 2019. Based on the case ledger, it appears that Plaintiff has paid the required two filing fees for the two discovery methods she seeks to compel. Accordingly, the Court turns to the merits of the Motion.

II. Discussion & Order

In opposition, Defendants’ counsel recounts various health issues him, his daughter, and his wife have been dealing with since early this year. (Oppo., Weiser Decl.) Based on his and his family members’ health issues, he asks the Court to deny the Motion altogether. (Id., Weiser Decl.) The Court is not persuaded. Neither Defendants’ counsel’s nor his family members’ health issues are not a legal basis for Patel and the Trust to evade to evade their discovery obligations; there is simply no law for this. Moreover, if Defendants’ counsel’s health issues have been preventing him from effectively representing his clients, it is questionable whether he should continue to do so.

Because Patel and the Trust have failed to serve any responses to Plaintiff’s discovery requests, the unopposed Motion is GRANTED. Pursuant to CCP §§ 2030.290 and 2031.300, Patel and the Trust is ordered to serve verified responses, without objections, to Plaintiff’s Form Interrogatories and Requests for Production of Documents within twenty (20) days of the date of Plaintiff’s service of a notice of this Order.

Because the Motions have been granted, monetary sanctions are mandatory under CCP §§ 2030.290(c) and 2031.300(c). Given the simplicity of the Motion and the lack of reply, the Court awards Plaintiff $380 in reasonable attorney fees and costs as monetary sanctions against Patel and the Trust, jointly and severally—the Court declines to impose monetary sanctions against Defendants’ counsel. Sanctions is to be paid within thirty (30) days from the date of Plaintiff serving a notice of this Order on Patel and the Trust.

Moving party is ordered to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCdept94@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.