This case was last updated from Los Angeles County Superior Courts on 08/14/2020 at 03:52:49 (UTC).

MAJOR ONI VS SADIQ ESHAQ

Case Summary

On 09/30/2019 MAJOR ONI filed a Labor - Other Labor lawsuit against SADIQ ESHAQ. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is SERENA R. MURILLO. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******9014

  • Filing Date:

    09/30/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Labor - Other Labor

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff

ONI MAJOR

Defendant

ESHAQ SADIQ

Attorney/Law Firm Details

Plaintiff Attorney

KERNAN STEPHEN MICHAEL

Defendant Attorney

KAPLUNOVSKY ELIYAHU YULI

 

Court Documents

Proof of Service by Mail - Proof of Service by Mail

8/3/2020: Proof of Service by Mail - Proof of Service by Mail

Opposition (name extension) - Opposition Notice of Opposition to Plaintiffs Motion to Compel Further Response and Sanctions

8/3/2020: Opposition (name extension) - Opposition Notice of Opposition to Plaintiffs Motion to Compel Further Response and Sanctions

Declaration (name extension) - Declaration Eliyahu Kaplunovsky in Support of Defendants Opposition to Plaintiffs Motion

8/3/2020: Declaration (name extension) - Declaration Eliyahu Kaplunovsky in Support of Defendants Opposition to Plaintiffs Motion

Reply (name extension) - Reply to Opposition to Motion to Compel

8/5/2020: Reply (name extension) - Reply to Opposition to Motion to Compel

Notice of Ruling - Notice of Ruling

8/12/2020: Notice of Ruling - Notice of Ruling

Minute Order - Minute Order (Hearing on Motion to Compel Further Discovery Responses to Re...)

8/12/2020: Minute Order - Minute Order (Hearing on Motion to Compel Further Discovery Responses to Re...)

Separate Statement - Separate Statement

4/27/2020: Separate Statement - Separate Statement

Motion to Compel Further Discovery Responses - Motion to Compel Further Discovery Responses

4/27/2020: Motion to Compel Further Discovery Responses - Motion to Compel Further Discovery Responses

Certificate of Mailing for - Certificate of Mailing for (Court Order) of 05/12/2020

5/12/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 05/12/2020

Minute Order - Minute Order (Court Order)

5/12/2020: Minute Order - Minute Order (Court Order)

Notice (name extension) - Notice of Hearing

5/19/2020: Notice (name extension) - Notice of Hearing

General Denial - Answer

12/10/2019: General Denial - Answer

General Denial - Answer

12/10/2019: General Denial - Answer

Proof of Personal Service - Proof of Personal Service

11/18/2019: Proof of Personal Service - Proof of Personal Service

Civil Case Cover Sheet - Civil Case Cover Sheet

9/30/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Complaint

9/30/2019: Summons - Summons on Complaint

First Amended Standing Order - First Amended Standing Order

9/30/2019: First Amended Standing Order - First Amended Standing Order

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

9/30/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

7 More Documents Available

 

Docket Entries

  • 10/03/2022
  • Hearing10/03/2022 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 03/29/2021
  • Hearing03/29/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 08/12/2020
  • DocketNotice of Ruling; Filed by: Major Oni (Plaintiff)

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  • 08/12/2020
  • DocketMinute Order (Hearing on Motion to Compel Further Discovery Responses to Re...)

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  • 08/12/2020
  • DocketHearing on Motion to Compel Further Discovery Responses to Requests for Production of Documents and for Sanctions in the Amount of $4,560.00 scheduled for 08/12/2020 at 09:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 08/12/2020; Result Type to Held

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  • 08/05/2020
  • DocketReply to Opposition to Motion to Compel; Filed by: Major Oni (Plaintiff)

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  • 08/03/2020
  • DocketOpposition Notice of Opposition to Plaintiffs Motion to Compel Further Response and Sanctions; Filed by: Sadiq Eshaq (Defendant)

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  • 08/03/2020
  • DocketProof of Service by Mail; Filed by: Sadiq Eshaq (Defendant); As to: Major Oni (Plaintiff)

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  • 08/03/2020
  • DocketDeclaration Eliyahu Kaplunovsky in Support of Defendants Opposition to Plaintiffs Motion; Filed by: Sadiq Eshaq (Defendant)

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  • 05/19/2020
  • DocketNotice of Hearing; Filed by: Major Oni (Plaintiff)

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8 More Docket Entries
  • 12/10/2019
  • DocketGeneral Denial; Filed by: Sadiq Eshaq (Defendant)

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  • 11/18/2019
  • DocketProof of Personal Service; Filed by: Major Oni (Plaintiff); As to: Sadiq Eshaq (Defendant); Service Date: 11/10/2019; Service Cost: 80.00; Service Cost Waived: No

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  • 10/01/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 10/03/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 10/01/2019
  • DocketNon-Jury Trial scheduled for 03/29/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 10/01/2019
  • DocketCase assigned to Hon. Serena R. Murillo in Department 94 Stanley Mosk Courthouse

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  • 09/30/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 09/30/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 09/30/2019
  • DocketCivil Case Cover Sheet; Filed by: Major Oni (Plaintiff); As to: Sadiq Eshaq (Defendant)

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  • 09/30/2019
  • DocketSummons on Complaint; Issued and Filed by: Major Oni (Plaintiff); As to: Sadiq Eshaq (Defendant)

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  • 09/30/2019
  • DocketComplaint; Filed by: Major Oni (Plaintiff); As to: Sadiq Eshaq (Defendant)

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Tentative Rulings

Case Number: 19STLC09014    Hearing Date: August 12, 2020    Dept: 26

Oni v. Eshaq, et al.

MOTION TO COMPEL FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, REQUEST FOR SANCTIONS

(CCP § 2031.310)

TENTATIVE RULING:

Plaintiff Major Oni’s Motion To Compel Further Responses To Requests For Production, Set Two; Request For Monetary Sanctions is GRANTED. DEFENDANT SADIQ ESHAQ IS ORDERED TO SERVE FURTHER RESPONSIVE DOCUMENTS TO THE REQUEST FOR PRODUCTION, SET TWO, NO. 4 WITHIN 20 DAYS’ NOTICE OF THIS ORDER.

SANCTIONS ARE AWARDED JOINTLY AND SEVERALLY AGAINST DEFENDANT SADIQ ESHAQ AND COUNSEL OF RECORD IN THE AMOUNT OF $1,860.00 AND ARE TO BE PAID TO PLAINTIFF’S COUNSEL WITHIN 30 DAYS’ NOTICE OF THIS ORDER.

ANALYSIS:

Plaintiff Major Oni (“Plaintiff”) filed the instant action for violation of wage and hours laws against Defendant Sadiq Eshaq (“Defendant”) on September 30, 2019. Plaintiff filed the instant Motion to Compel Further Responses to Request for Production of Documents and Request for Sanctions (“the Motion”) on April 27, 2020. Defendant filed an opposition on August 3, 2020 and Plaintiff replied on August 5, 2020.

Legal Standard

Code of Civil Procedure section 2031.310 provides that “[o]n receipt of a response to demand for inspection . . ., the demanding party may move for an order compelling further response if the demanding party deems that (1) [a] statement of compliance with the demand is incomplete; (2) [a] representation of inability to comply is inadequate, incomplete, or evasive; [or] (3) [a]n objection in the response is without merit or too general.” (Code Civ. Proc., § 2031.310, subd. (a).)

Notice of the motion must be given within 45 days of service of the verified response, otherwise, the propounding party waives any right to compel a further response. (Code Civ. Proc., § 2031.300, subd. (c).) The motion must also be accompanied by a meet and confer declaration. (Code Civ. Proc., § 2030.310, subd. (b).)

Finally, Cal. Rules of Court, Rule 3.1345 requires that all motions for responses involving further discovery contain a separate statement with the text of each request, the response, and a statement of factual and legal reasons for compelling further responses. (Cal. Rules of Court, Rule 3.1345, subd. (a)(3)). A separate statement is not required “[w]hen a court has allowed the moving party to submit--in place of a separate statement--a concise outline of the discovery request and each response in dispute.” (Code Civ. Proc., § 2030.310, subd. (b)(3); Cal. Rules of Court, Rule 3.1345, subd. (b)(2).)

Discussion

The Motion complies with the procedural requirements. Defendant served initial responses to the Request for Production, Set Two on March 13, 2020. (Motion, Exh. B.) The instant Motion and notice of the same was timely filed and served less than 45 days later on April 27, 2020. The Motion is also supported by a meet and confer declaration demonstrating that counsel for Plaintiff and defense counsel exchanged numerous emails in an effort to resolve the dispute. (Id. at Exhs. D-O.)

Plaintiff moves to compel further responses and production of documents with respect to Request for Production of Documents, Set Two, No. 4. Pursuant to Code of Civil Procedure section 2031.210, subdivision (a), a response to a request for production must either be a statement of compliance by the production date, a statement that the party lacks the ability to comply, or a valid objection. (Code Civ. Proc., § 2030.210, subd. (a).) Here, Defendant initially responded that the documents sought “have never been in responding party’s possession, or have never existed.” (Motion, Exh. B.) As Plaintiff pointed out in the first meet and confer email, Defendant is obligated to explain whether the documents were never in his possession or whether the documents never existed. (Id. at Exh. C.) On March 13, 2020, Defense counsel agreed over email that amended responses had to be served. (Id. at Exh. E.) Despite Plaintiff’s counsel’s repeated attempts, Defendant never served amended responses. (Id. at Exhs. F-O.)

Plaintiff is entitled to an order compelling further responses to the Request for Production, Set Two within 20 days. (Code Civ. Proc., § 2031.310, subd. (a).) The Court is not persuaded by Defendant’s arguments in opposition to the Motion. Specifically, the fact that defense counsel was suspended from March 21, 2020 to May 4, 2020 does not excuse Defendant’s failure to serve proper responses. (See Opp., Kaplunovsky Decl., Exh. C.) Amended responses could have been provided in the week before the suspension began on May 21, 2020. Defense counsel could informed Plaintiff’s counsel that a suspension was impending or Defendant could have obtained new counsel. Defendant appears to argue that Plaintiff should be deprived of proper responses due to conduct solely attributable to Defendant and defense counsel. The burden to resolve the issues surrounding defense counsel’s suspension is not borne by Plaintiff or Plaintiff’s counsel.

Nor is there any evidence Plaintiff sought to take advantage of defense counsel’s suspension. The deadline to file a motion to compel further is statutory and jurisdictional. Plaintiff’s counsel made numerous attempts resolve this discovery dispute prior to the deadline to file the Motion. Finally, Defendant’s argument in opposition that his responses are adequate is disingenuous. Defense counsel already agreed, and correctly the Court may point out, that Defendant’s responses to Request for Production, Set Two, No. 4 was inadequate because it did not specify if the documents ever existed or were never in Defendant’s possession. The response must specify which of these two scenarios is true; merely parroting the statutory language is non-sensical and non-compliant.

Therefore, Plaintiff is also entitled to an award of sanctions, which are properly noticed. (Code Civ. Proc., § 2023.030, subd. (a).) Using a lodestar calculation, Plaintiff is awarded sanctions of $1,860.00 based on four hours of attorney time billed at $450.00 per hour, plus the $60.00 motion filing fee. (Motion, Kernan Decl., ¶18.)

Conclusion

Plaintiff Major Oni’s Motion To Compel Further Responses To Requests For Production, Set Two; Request For Monetary Sanctions is GRANTED. DEFENDANT SADIQ ESHAQ IS ORDERED TO SERVE FURTHER RESPONSIVE DOCUMENTS TO THE REQUEST FOR PRODUCTION, SET TWO, NO. 4 WITHIN 20 DAYS’ NOTICE OF THIS ORDER.

SANCTIONS ARE AWARDED JOINTLY AND SEVERALLY AGAINST DEFENDANT SADIQ ESHAQ AND COUNSEL OF RECORD IN THE AMOUNT OF $960.00 AND ARE TO BE PAID TO PLAINTIFF’S COUNSEL WITHIN 30 DAYS’ NOTICE OF THIS ORDER.

Moving party to give notice.