MARISCOS BAHIA, INC. VS ACUICOLA ALESSTINA, INC.

Tentative Rulings

Case Number: VC066617    Hearing Date: June 3, 2021    Dept: C

MARISCOS BAHIA, INC. v. ACUICOLA AESSTINA, INC.

CASE NO.: VC066617

HEARING: 06/03/21

#7

TENTATIVE ORDER

I. Cross-Complainants ACUICOLA ALESSTINA; VICTOR ARIZMENDI; and MARIA ARIZMENDI’s unopposed Motion for Monetary Sanctions against Cross-Defendant PAUL KO is GRANTED.

II. Cross-Complainants ACUICOLA ALESSTINA; VICTOR ARIZMENDI; and MARIA ARIZMENDI’s unopposed Motion for Monetary Sanctions against Cross-Defendant XIAO H. LIANG is GRANTED.

Moving Party(s) to give Notice.

No Opposition(s) filed as of June 1, 2021.

CCP §2023.010 includes: “(d) Failing to respond or to submit to an authorized method of discovery” and “(g) Disobeying a court order to provide discovery.” CCP §2023.030 provides, in part: “To the extent authorized by this chapter governing any particular discovery method or any other provision of this title, the court, after notice to any affected party, may impose [monetary sanctions] against anyone engaging in conduct that is a misuse of the discovery process, including monetary and issue and terminating sanctions.” Failing to respond to an authorized method of discovery and disobeying a court order to provide discovery are both misuses of the discovery process. (CCP §§2023.010 (d) and (g).)

On February 10, 2021, the Court granted Judgment Creditors’ Motions to Compel, and ORDERED Judgment Debtors to serve answers within 15 days. Additionally, monetary sanctions were imposed. As of the date(s) the instant Motions were filed, no responses have been served, and monetary sanctions remain unpaid. No Opposition(s) have been filed as of June 1, 2021. Therefore, it is undisputed that the Judgment Debtors have failed to comply with this Court’s Orders.

The unopposed Motions for Monetary Sanctions are GRANTED.

Cross-Defendant PAUL KO is ORDERED to pay Cross-Complainants ACUICOLA ALESSTINA; VICTOR ARIZMENDI; MARIA ARIZMENDI and their counsel of record sanctions in the total amount of $4,610.00 no later than 30 days from the date of the Court’s issuance of this Order.

Cross-Defendant XIAO H. LIANG is ORDERED to pay Cross-Complainants ACUICOLA ALESSTINA; VICTOR ARIZMENDI; MARIA ARIZMENDI and their counsel of record sanctions in the total amount of $4,610.00 no later than 30 days from the date of the Court’s issuance of this Order.

Case Number: VC066617    Hearing Date: February 10, 2021    Dept: C

MARISCOS BAHIA, INC. v. ACUICOLA ALESSTINA, INC., et al.

CASE NO.: VC066617

HEARING: 2/10/21 @ 1:30 PM

#3

TENTATIVE ORDER

I. Judgment Creditors Acuicola Alesstina, Inc., and Maria and Victor Arizmendi’s motion for order to compel Xiao H Liang’s responses to post-judgment document production, set one is GRANTED. Judgment Debtor is ordered to serve verified responses without objections within 15 days.

II. Judgment Creditors Acuicola Alesstina, Inc., and Maria and Victor Arizmendi’s motion for order to compel Xiao H Liang’s responses to post-judgment special interrogatories, set one is GRANTED. Judgment Debtor is ordered to serve verified responses without objections within 15 days.

III. Judgment Creditors Acuicola Alesstina, Inc., and Maria and Victor Arizmendi’s motion for order to compel Paul Ko’s responses to post-judgment document production, set one is GRANTED. Judgment Debtor is ordered to serve verified responses without objections within 15 days.

IV. Judgment Creditors Acuicola Alesstina, Inc., and Maria and Victor Arizmendi’s motion for order to compel Paul Ko’s responses to post-judgment special interrogatories, set one is GRANTED. Judgment Debtor is ordered to serve verified responses without objections within 15 days.

Reduced sanctions are imposed against Judgment Debtors Xiao Liang and Paul Ko, jointly and severally, in the reasonable sum of $3,000.00, payable within 30 days.

Moving Parties to give NOTICE.

I-IV. Discovery Motions

Defendant GM Properties, Inc. moves to compel responses to form interrogatories, special interrogatories, and requests for production of documents pursuant to CCP §§ 2030.300, 2031.310, and 708.030(a).

“The judgment creditor may demand that any judgment debtor produce and permit the party making the demand, or someone acting on that party’s behalf, to inspect and to copy a document that is in the possession, custody, or control of the party on whom the demand is made in the manner provided in Chapter 14 (commencing with Section 2031.010) 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. (CCP § 708.030(a).)

CCP §§ 2030.290(b) and 2031.300(b) allow the propounding party to file a motion to compel responses to interrogatories and document demands if a response has not been received. If responses are untimely, responding party waives objections. (CCP §§ 2030.290(a) and 2031.300(a).)

Judgment Debtors Xiao Liang and Paul Ko failed to serve any responses to discovery. As such, Judgment Debtors are deemed to have waived objections per CCP §§ 2030.290(a) and 2031.300(a).

Accordingly, the motions are GRANTED. Judgment Debtors ordered to serve verified responses without objections within 15 days.

Sanctions: CCP §§ 2023.010(d), 2030.290(c), and 2031.300(c) authorize the court to impose sanctions for failure to respond to discovery without substantial justification.

Here, sanctions are warranted because Judgment Debtors failed to serve any responses to discovery. The Court finds Judgment Creditor’s total request of $14,673.64 is excessive. Instead, reduced sanctions are imposed against Judgment Debtors Xiao Liang and Paul Ko, jointly and severally, in the reasonable sum of $3,000.00, payable within 30 days.