This case was last updated from Los Angeles County Superior Courts on 10/17/2018 at 10:13:11 (UTC).

Labor Commissioner Vs Morsheda J Hosian

Case Summary

On 07/02/2018 a Other - Other Judgment case was filed by Labor Commissioner against Morsheda J Hosian in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******2027

  • Filing Date:

    07/02/2018

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Other - Other Judgment

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

 

Party Details

Plaintiff

Pebley Jasmine

Defendant

Hosian Morsheda J Dba Rising Star Child

Undetermined

Labor Commissioner

 

Court Documents

Civil Case Cover Sheet

7/2/2018: Civil Case Cover Sheet

Request For Enforcement of Order for Restitution/Judgment Pursuant to Penal Code Section 1214

7/2/2018: Request For Enforcement of Order for Restitution/Judgment Pursuant to Penal Code Section 1214

Judgment

7/2/2018: Judgment

 

Docket Entries

  • 08/09/2018
  • Case assigned to in ROOM 118 Stanley Mosk Courthouse

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  • 07/02/2018
  • Civil Case Cover Sheet; Filed by: Labor Commissioner (Plaintiff)

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  • 07/02/2018
  • Request For Entry of Judgment (Enforcement of Judgment); Filed by: Labor Commissioner (Plaintiff); As to: Morsheda J Hosian (Defendant)

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  • 07/02/2018
  • Court orders judgment entered for Plaintiff Jasmine Pebley against Defendant Morsheda J Hosian, an individual DBA Rising Star Child on the Complaint filed by Labor Commissioner on 07/02/2018 for the principal amount of $4,869.20, interest of $50.48, and costs of $250.00 for a total of $5,169.68.

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  • 07/02/2018
  • Judgment; Filed by: Clerk

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Tentative Rulings

Case Number: 18STCP02027    Hearing Date: December 03, 2019    Dept: 94

MOTION TO COMPEL

(C.C.P. §§2031.300 & 708.030)

TENTATIVE RULING:

Judgment Creditor Jasmine Pebley’s amended motion to compel responses to Requests for Production of Documents and request for sanctions is DENIED WITHOUT PREJUDICE..

[Judgment Creditor’s motion to compel responses to Special Interrogatories and request for sanctions is also DENIED WITHOUT PREJUDICE.

ANALYSIS:

I. Background

On July 2, 2018, the Labor Commissioner filed a Request that Clerk Enter Judgment and Judgment on Final Order, Decision, or Award of the Labor Commissioner. Judgment was entered in favor of Jasmine Pebley (“Judgment Creditor”) and against Morsheda J Hosian, an individual DBA Rising Star Child (“Judgment Debtor”), in the total amount of $5,169.68.

On December 21, 2018, an Abstract of Judgment was issued.

On May 28, 2019, a Writ of Execution was issued in the total amount of $9,410.55.

On June 3, 2019, Judgment Debtor filed a motion to pay judgment in installments.

On October 2, 2019, Judgment Creditor filed an Order to Appear for Examination (set for January 27, 2019).

II. Legal Standard

C.C.P. §2031.300 provides, in pertinent part, as follows:

If a party to whom a demand for inspection, copying, testing, or sampling is directed fails to serve a timely response to it, the following rules shall apply:

(a) )…

(b)

(c) ) against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a response to a demand for inspection, copying, testing, or sampling, 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. If a party then fails to obey the order compelling a response, the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction under Chapter 7 (commencing with Section 2023.010). In lieu of or in addition to this sanction, the court may impose a monetary sanction under Chapter 7 (commencing with Section 2023.010).

C.C.P. §708.030 provides, as follows:

(a) ) of Title 4 of Part 4, if the demand requests information to aid in enforcement of the money judgment. The judgment debtor shall respond and comply with the demand in the manner and within the time provided by Chapter 14 (commencing with Section 2031.010) of Title 4 of Part 4.

(b) within 120 days after the judgment debtor has responded to the interrogatories or demands previously served pursuant to this section or Section 708.020, or within 120 days after the judgment debtor has been examined pursuant to Article 2 (commencing with Section 708.110), and the judgment debtor is not required to respond to any discovery so served.

(c)

III. Analysis

Judgment Creditor Jasmine Pebley (“Judgment Creditor”) moves for an order compelling Judgment Debtor Morsheda J Hosian an individual dba Rising Star Child Care (“Judgment Debtor”) to provide responses to Requests for Production of Documents. Judgment Creditor also requests an award of sanctions against Judgment Debtor in the total amount of $393.00.

Judgment Creditor did not establish Judgment Debtor was timely and properly served with the instant motion. Judgment Creditor filed the instant motion – Amended Notice and Motion to Compel Responses and Documents to Requests for Production of Documents & Request for Sanctions – on November 8, 2019. Judgment Creditor’s proof of service (“POS”) indicates Judgment Debtor was served with a Notice of Motion to Compel Responses to Requests for Production of Documents & Request for Sanctions via mail on May 28, 2019. However, the POS does not identify the amended motion. Moreover, the POS indicates Judgment Debtor was served with a motion to compel several months before Judgment Creditor filed the instant amended motion. This gap in time suggests the POS does not pertain to the amended motion.

Judgment Creditor also did not establish Judgment Debtor was properly served with the Requests for Production of Documents. Judgment Creditor submitted a POS, indicating Judgment Debtor was served with post-Judgment discovery, including Requests for Production of Documents, via certified mail on March 26, 2019. However, Judgment Creditor did not establish that service of the discovery via certified mail is proper. This is especially true considering Judgment was entered on July 2, 2018, and Judgment Creditor did not appear in this action until June 3, 2019, after the post-judgment discovery was purportedly served.

Additionally, Judgment Creditor did not attach a copy of the Requests for Production of Documents to the amended motion.

Based on the foregoing, Judgment Creditor’s motion is DENIED WITHOUT PREJUDICE.

IV. Conclusion & Order

Judgment Creditor’s motion to compel and request for sanctions is DENIED WITHOUT PREJUDICE.

Judgment Creditor 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.

Case Number: 18STCP02027    Hearing Date: November 07, 2019    Dept: 94

MOTION TO COMPEL RESPONSES TO INTERROGATORIES

AND REQUEST FOR SANCTIONS

(CCP §§ 708.020, 2030.290)

TENTATIVE RULING:

Judgment Creditor Jasmine Pebley’s Motion Compelling Judgment Debtor Morsheda J. Hosian dba Rising Star Child Care To Respond To Special Interrogatories, Set One, and for Monetary Sanctions is GRANTED. THE RESPONSES ARE TO BE SERVED WITHIN 20 DAYS OF SERVICE OF NOTICE OF THIS ORDER, AND SANCTIONS ARE TO BE PAID WITHIN 30 DAYS OF SERVICE OF NOTICE OF THIS ORDER.

REQUEST FOR RELIEF: Compel Judgment Debtor to provide verified responses to the special interrogatories, without objections, and sanction her in the amount of $600.00 based on an hourly rate of $400.00. (Code Civ. Proc., §§ 2030.290 and 708.020; Motion, Nava Decl.)

ANALYSIS:

Only July 2, 2019, the Court entered judgment in favor of Jasmine Pebley (“Judgment Creditor”) and against Morsheda J. Hosian dba Rising Star Child Care (“Judgment Debtor”) pursuant to an Order, Decision or Award of the Labor Commissioner. On June 3, 2019, Judgment Creditor filed the instant motion to compel Judgment Debtor’s responses to special interrogatories. To date, no opposition has been filed.

Judgment Debtor had not provided any responses to the Special Interrogatories, Set One, propounded by Judgment Creditor on March 26, 2019. (Motion, Nava Decl., ¶2 and Exh. A.) Responses were due by May 2, 2019. (Code Civ. Proc., §§ 2030.260, 708.020.) 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 foregoing, Judgment Creditor is entitled to an order that Judgment Debtor serve verified responses to the discovery without objections.

The court also finds Judgment Debtor’s failure to timely respond a misuse of the discovery process. (Code Civ. Proc., §§ 2023.010, subd. (d).) Sanctions are appropriate under Code of Civil Procedure sections 2023.010, 2023.030 and 708.020, and have been properly noticed. However, the amount sought is excessive given the simplicity of this unopposed motion. The request for sanctions is granted against Defendant in the amount of $400.00 based on one hour of attorney time billed at $400.00. (Motion, Nava Decl., ¶3.) The sanctions are to be paid within 30 days this order.

Judgment Creditor Jasmine Pebley’s Motion Compelling Judgment Debtor Morsheda J. Hosian dba Rising Star Child Care To Respond To Special Interrogatories, Set One, and for Monetary Sanctions is GRANTED. THE RESPONSES ARE TO BE SERVED WITHIN 20 DAYS OF SERVICE OF NOTICE OF THIS ORDER, AND SANCTIONS ARE TO BE PAID WITHIN 30 DAYS OF SERVICE OF NOTICE OF THIS ORDER.

Moving party to give notice.