On 07/30/2019 SAM DERAKHSHAN filed a Contract - Other Contract lawsuit against AVA AZIMI. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Pending - Other Pending.
*******7013
07/30/2019
Pending - Other Pending
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
JAMES E. BLANCARTE
DERAKHSHAN SAM
PARS ACCOUNTING INC.
AZIMI AVA AKA ASMA AZIMI
KATOFSKY JEFF
1/19/2021: Declaration (name extension) - Declaration regarding Notice
1/19/2021: Ex Parte Application (name extension) - Ex Parte Application and Order Thereon for Continuance of Non-Jury Trial
1/22/2021: Witness List - Witness List
1/22/2021: Exhibit List - Exhibit List
7/24/2020: Notice (name extension) - Notice of continuance of hearing on motion to compel
8/26/2020: Notice of Ruling - Notice of Ruling
7/17/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order
5/5/2020: Notice (name extension) - Notice of continuance of hearing on motion to compel
4/17/2020: Notice (name extension) - Notice of Continuance of Plaintiff's Motion to Compel Responses to Form Interrogatories, Set One and Request for Sanctions
4/22/2020: Notice (name extension) - Notice of Continuance of Hearing on Plaintiff's Motion to Compel Responses to Form Interrogatories, Set One and Request for Sanctions
3/12/2020: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion
12/18/2019: General Denial - General Denial
11/12/2019: Proof of Service by Mail - Proof of Service by Mail
10/31/2019: Summons - Summons ON FIRST AMENDED COMPLAINT
10/31/2019: Amended Complaint - Amended Complaint
10/2/2019: Proof of Service by Mail - Proof of Service by Mail
8/26/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service
7/30/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
Hearing04/27/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 08/02/2022 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 01/25/2021
DocketPursuant to written stipulation, Non-Jury Trial scheduled for 01/26/2021 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Continued - by Party was rescheduled to 04/27/2021 08:30 AM
DocketExhibit List; Filed by: PARS ACCOUNTING, INC. (Plaintiff)
DocketWitness List; Filed by: PARS ACCOUNTING, INC. (Plaintiff)
DocketEx Parte Application and Order Thereon for Continuance of Non-Jury Trial; Filed by: AVA AZIMI (Defendant); As to: AVA AZIMI (Defendant)
DocketDeclaration regarding Notice; Filed by: AVA AZIMI (Defendant)
DocketHearing on Ex Parte Application and Order Thereon for Continuance of Non-Jury Trial scheduled for 01/20/2021 at 01:30 PM in Spring Street Courthouse at Department 25
DocketUpdated -- Ex Parte Application and Order Thereon for Continuance of Non-Jury Trial: Filed By: AVA AZIMI (Defendant); Result: Rejected; Result Date: 01/19/2021
DocketHearing on Ex Parte Application and Order Thereon for Continuance of Non-Jury Trial scheduled for 01/20/2021 at 01:30 PM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 01/19/2021
DocketProof of Service by Mail; Filed by: SAM DERAKHSHAN (Plaintiff); As to: AVA AZIMI (Defendant)
DocketProof of Service by Substituted Service; Filed by: SAM DERAKHSHAN (Plaintiff); As to: AVA AZIMI (Defendant); Proof of Mailing Date: 08/26/2019; Service Cost: 112.10; Service Cost Waived: No
DocketNon-Jury Trial scheduled for 01/26/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 08/02/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse
DocketComplaint; Filed by: SAM DERAKHSHAN (Plaintiff); As to: AVA AZIMI (Defendant)
DocketSummons on Complaint; Issued and Filed by: SAM DERAKHSHAN (Plaintiff); As to: AVA AZIMI (Defendant)
DocketCivil Case Cover Sheet; Filed by: SAM DERAKHSHAN (Plaintiff); As to: AVA AZIMI (Defendant)
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketFirst Amended Standing Order; Filed by: Clerk
Case Number: 19STLC07013 Hearing Date: August 26, 2020 Dept: 25
HEARING DATE: Wed., August 26, 2020 JUDGE /DEPT: Blancarte/25
CASE NAME: Derakshian v. Azimi COMPL. FILED: 07-30-19
CASE NUMBER: 19STLC07013 DISC. C/O: 01-11-21
NOTICE: OK MOTION C/O: 12-27-20
TRIAL DATE: 01-26-21
PROCEEDINGS: MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES, SET ONE, AND REQUEST FOR SANCTIONS
MOVING PARTY: Plaintiff Pars Accounting, Inc.
RESP. PARTY: None
MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES; REQUEST FOR SANCTIONS
(CCP § 2030.290)
TENTATIVE RULING:
Plaintiff Pars Accounting, Inc.’s Motion to Compel Responses to Form Interrogatories, Set One, is GRANTED. Defendant must provide verified responses without objections to the discovery within thirty (30) days of notice of this order. Plaintiff’s request for sanctions is also GRANTED in the amount of $435.00 to be paid within thirty (30) days of notice of this order.
SERVICE:
[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK
[X] Correct Address (CCP §§ 1013, 1013a) OK
[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK
OPPOSITION: None filed as of August 24, 2020 [ ] Late [X] None
REPLY: None filed as of August 24, 2020 [ ] Late [X] None
ANALYSIS:
Background
On July 30, 2019, Sam Derakhshan filed an action against Defendant Ava Azimi aka Asma Azimi (“Defendant”) for breach of contract and common counts. On October 31, 2019, a First Amended Complaint (“FAC”) was filed, substituting Plaintiff Pars Accounting, Inc. (“Plaintiff”) for Sam Derakshian. On December 18, 2019, Defendant filed an Answer, in pro per.
On March 12, 2020, Plaintiff filed the instant Motion to Compel Responses to Form Interrogatories, Set One, and Request for Sanctions (the “Motion”). To date, no opposition has been filed.
Legal Standard & Discussion
A. Form Interrogatories
A party must respond to interrogatories within 30 days after service. (Code Civ. Proc., § 2030.260, subd. (a).) If a party to whom interrogatories are directed does not provide timely responses, the requesting party may move for an order compelling responses to the discovery. (Code Civ. Proc., § 2030.290, subd. (b).) The party also waives the right to make any objections, including one based on privilege or work-product protection. (Code Civ. Proc., § 2030.290, subd. (a).) There is no time limit for a motion to compel responses to interrogatories other than the cut-off on hearing discovery motions 15 days before trial. (Code Civ. Proc., § 2024.020, subd. (a); Code Civ. Proc., 2030.290.) No meet and confer efforts are required before filing a motion to compel responses to the discovery. (Code Civ. Proc., § 2030.290; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 411.)
Here, Plaintiff served Defendant with Form Interrogatories, Set One, on January 2, 2020 by regular mail. (Mot., Leff Decl., ¶ 2.) Although not procedurally required, on February 10, 2020, Plaintiff’s counsel sent a letter to Defendant regarding the lack of discovery responses and granted an extension until February 20, 2020 to provide them without objections. (Id. at ¶ 4.) To date, Defendant has not provided any responses to the interrogatories. (Id. at ¶ 5.) Thus, Plaintiff is entitled to an order compelling Defendant to provide verified responses to Form Interrogatories, Set One, without objections. (Code Civ. Proc., § 2030.290.)
B. Sanctions
Code of Civil Procedure section 2023.030, subdivision (a) provides, in pertinent part, that the court may impose a monetary sanction on a party engaging in the misuse of the discovery process to pay the reasonable expenses, including attorney’s fees, incurred by anyone as a result of that conduct. A misuse of the discovery process includes failing to respond or to submit to an authorized method of discovery. (Code Civ. Proc., § 2023.010, subd. (d).)
The Court finds Defendant’s failure to respond to Plaintiff’s discovery request a misuse of the discovery process.
Plaintiff’s counsel requests a total of $1,747.00, which consists of 4.5 hours of attorney time billed at $375.00 per hour and one filing fee of $60.00. (Mot., Song Decl., ¶¶ 2-5.) However, the amount sought is excessive given the simplicity of this Motion and the lack of opposition and reply. The Court finds $435.00, based on one hour of attorney time and one filing fee, to be reasonable. Defendant is ordered to pay sanctions within thirty (30) days of notice of this order.
Conclusion & Order
For the foregoing reasons, Plaintiff Pars Accounting, Inc.’s Motion to Compel Responses to Form Interrogatories, Set One, is GRANTED. Defendant must provide verified responses without objections to the discovery within thirty (30) days of notice of this order. Plaintiff’s request for sanctions is also GRANTED in the amount of $435.00 to be paid within thirty (30) days of notice of this order.
Moving party is ordered to give notice.