YERVAND TITIZYAN VS LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY

Tentative Rulings

Case Number: 19STLC09052    Hearing Date: December 03, 2020    Dept: 25

HEARING DATE: Thu., December 3, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Titizyan v. Los Angeles County Metropolitan Transportation Authority

CASE NUMBER: 19STLC09052 COMPL. FILED: 10-02-19

NOTICE: OK DISC. C/O: 03-02-21 DISC. MOT. C/O: 03-17-21

PROCEEDINGS: (1) MOTION TO COMPEL PLAINTIFF TO RESPOND TO DEMAND FOR PRODUCTION OF DOCUMENTS, SET ONE, AND REQUEST FOR MONETARY SANCTIONS

(2) MOTION TO COMPEL PLAINTIFF TO RESPOND TO FORM INTERROGATORIES, SET ONE, AND REQUEST FOR MONETARY SANCTIONS

MOVING PARTY: Defendant Los Angeles County Metropolitan Transportation Authority

RESP. PARTY: Plaintiff Yervand Titizyan

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

(CCP §§ 2030.290; 2031.300)

TENTATIVE RULING:

Defendant’s requests for sanctions against Plaintiff are GRANTED in the amount of $1,828.00 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: Filed on September 11, 2020 [ ] Late [ ] None

REPLY: Filed on September 14, 2020 [ ] Late [ ] None

ANALYSIS:

1. Background

On October 2, 2019, Plaintiff Yervand Titizyan (“Plaintiff”) filed an action for motor vehicle negligence and general negligence against Defendant Los Angeles County Metropolitan Transportation Authority (“Defendant”). On February 3, 2020, Defendant filed an Answer.

On June 23, 2020, Defendant filed the instant (1) Motion to Compel Plaintiff to Respond to Demand for Production of Documents, Set One, and Request for Monetary Sanctions and (2) Motion to Compel Plaintiff to Respond to Form Interrogatories, Set One, and Request for Monetary Sanctions (collectively, the “Motions”). Plaintiff filed Oppositions on September 11, 2020 and Defendant filed Reply briefs on September 14, 2020.

At the initial September 24, 2020 hearing, the Court denied Defendant’s request to compel responses to Form Interrogatories and Demand for Production of Documents as moot. (9/24/20 Minute Order.) However, the Court continued the matter as to the request for sanctions and ordered Defendant’s counsel to file a supplemental declaration to address the specific expenses and fees incurred at least ten days before the next scheduled hearing. (Id.) Any reply filed by Plaintiff was to be filed at least three days prior to the next hearing. (Id.)

On October 29, 2020, Defendant’s counsel filed a supplemental declaration. To date, Plaintiff has not filed a reply to this declaration.

1. Legal Standard & Discussion

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 submit to an authorized method of discovery. (Code Civ. Proc., § 2023.010, subd. (d).) In addition, a court may award sanctions even if the requested discovery was provided to the moving party after a motion is filed. (Cal. Rules of Court, rule 3.1348, subd. (a).)

The Court finds Plaintiff’s failure to provide timely responses to Defendant’s discovery requests a misuse of the discovery process.

In her supplemental declaration, Defendant’s counsel requests a total of $2,278.00 in sanctions based on 4.4 hours of attorney time billed at $450.00 per hour for Allen R. Thomas, 1 hour of attorney time billed at $275.00 per hour for Caley K. McGaffigan, and costs of $23.00 incurred for a remote video appearance. (10/29/20 McGaffigan Decl., pp. 4:11-6:7.) However, the amount requested is excessive given the simplicity of these nearly identical Motions. The Court finds $1,828.00, based on 3.4 hours for attorney Thomas, 1 hour for attorney McGaffigan, and one remote appearance fee, to be reasonable. Sanctions are to be paid to Defendant’s counsel within thirty days (30) notice of this order.

1. Conclusion & Order

For the foregoing reasons, Defendant’s requests for sanctions against Plaintiff are GRANTED in the amount of $1,828.00 to be paid within thirty (30) days of notice of this order.

Case Number: 19STLC09052    Hearing Date: September 24, 2020    Dept: 25

HEARING DATE: Thu., September 24, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Titizyan v. Los Angeles County Metropolitan Transportation Authority

CASE NUMBER: 19STLC09052 COMPL. FILED: 10-02-19

NOTICE: OK DISC. C/O: 03-02-21 DISC. MOT. C/O: 03-17-21

PROCEEDINGS: (1) MOTION TO COMPEL PLAINTIFF TO RESPOND TO DEMAND FOR PRODUCTION OF DOCUMENTS, SET ONE, AND REQUEST FOR MONETARY SANCTIONS

(2) MOTION TO COMPEL PLAINTIFF TO RESPOND TO FORM INTERROGATORIES, SET ONE, AND REQUEST FOR MONETARY SANCTIONS

MOVING PARTY: Defendant Los Angeles County Metropolitan Transportation Authority

RESP. PARTY: Plaintiff Yervand Titizyan

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

(CCP §§ 2030.290; 2031.300)

TENTATIVE RULING:

Defendant’s motions to compel responses to Form Interrogatories and Demand to Produce Certain Documents and Items are DENIED AS MOOT. Defendant’s requests for sanctions are also DENIED ON THE CONDITION THAT, at the hearing, Plaintiff provides additional satisfactory details regarding his inability to provide timely discovery responses due to the COVID-19 pandemic.

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: Filed on September 11, 2020 [ ] Late [ ] None

REPLY: Filed on September 14, 2020 [ ] Late [ ] None

ANALYSIS:

1. Background

On October 2, 2019, Plaintiff Yervand Titizyan (“Plaintiff”) filed an action for motor vehicle negligence and general negligence against Defendant Los Angeles County Metropolitan Transportation Authority (“Defendant”). On February 3, 2020, Defendant filed an Answer.

On June 23, 2020, Defendant filed the instant (1) Motion to Compel Plaintiff to Respond to Demand for Production of Documents, Set One, and Request for Monetary Sanctions and (2) Motion to Compel Plaintiff to Respond to Form Interrogatories, Set One, and Request for Monetary Sanctions (collectively, the “Motions”). Plaintiff filed Oppositions on September 11, 2020 and Defendant filed Reply briefs on September 14, 2020.

1. Legal Standard

A. Request for Production & Interrogatories

A party must respond to interrogatories and requests for production of documents within 30 days after service. (Code Civ. Proc., § 2030.260, subd. (a); Code Civ. Proc., § 2031.260, subd. (a).) If a party to whom interrogatories or requests for production of documents 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); Code Civ. Proc., § 2031.300, subd. (c).) 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); Code Civ. Proc., § 2031.300, subd. (a).) There is no time limit for a motion to compel responses to interrogatories or production of documents other than the cut-off on hearing discovery motions 15 days before trial. (Code Civ. Proc., §§ 2024.020, subd. (a), 2030.290; Code Civ. Proc., § 2031.300.) No meet and confer efforts are required before filing a motion to compel responses to the discovery. (Code Civ. Proc., § 2030.290; Code Civ. Proc., § 2031.300; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 411.)

Defendant initially moved to compel Plaintiff’s responses to Form Interrogatories and Demand for Production of Documents. In Opposition, Plaintiff argues Defendant’s Motions are moot as verified responses were produced via mail and email on September 8, 2020. (Oppositions, pp. 2:9-13, Zakaryan Decl., ¶¶ 4, Exhs. A.) Defendant does not dispute it was served with responses in its Reply briefs.

Thus, Defendant’s Motions to compel responses are DENIED AS MOOT.

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 submit to an authorized method of discovery. (Code Civ. Proc., § 2023.010, subd. (d).)

In Opposition, Plaintiff’s counsel argues Plaintiff was unable to provide timely discovery responses due to a number of family issues related to the COVID-19 pandemic. (Oppositions, p. 2:21-23; Zakaryan Decl., ¶ 4.) No further details are provided. In Reply, Defendant argues sanctions should be imposed as it waited over six months to receive responses. (Replies, pp. 2:15-19.) It also argues Plaintiff’s claim he was unavailable due to the pandemic is unsubstantiated.

The Court agrees that Plaintiff’s claim he was unable to provide responses is vague. However, the Court understands the COVID-19 pandemic has been difficult on parties and their attorneys. For this reason, Defendant’s request for sanctions is DENIED ON THE CONDITION THAT Plaintiff provides additional details regarding his unavailability to the Court at the hearing. OTHERWISE, the Court will consider imposing sanctions.

1. Conclusion & Order

For the foregoing reasons, Defendant’s motions to compel responses to Form Interrogatories and Demand to Produce Certain Documents and Items are DENIED AS MOOT. Defendant’s requests for sanctions are also DENIED ON THE CONDITION THAT, at the hearing, Plaintiff provides additional satisfactory details regarding his inability to provide timely discovery responses due to the COVID-19 pandemic.

Moving party is ordered to give notice.