2012-00131884-CU-BC

American Fire Recovery vs. Ken McKnight

Nature of Proceeding:   Motion to Compel Special Interrogatories

Filed By:  Glass, Daniel S.

Cross-defendants Judi and Ken McNight’s Motion  to Compel Cross-defendants to
Provide Further Responses to Special Interrogatories Numbers 4, 5, and 6, is granted.

Plaintiff/cross-defendant American Fire Recovery dba Ray Ranciato (“Ranciato”)
performed cleaning services on defendant/cross-complainants McNights’ personal
property that was damaged in a fire.  Plaintiff contends defendants owe him money,
and is claiming a lien on their property pursuant to Civil Code section 3051.  The
McNights property  consists of several hundred boxes in storage.  Ranciato was paid
$50,170.14 for his services, which was the amount the McNights were given by their
insurance company for the cleaning of their personal property.  Ranciato contends an
additional $40,000 is owed for the cleaning of the personal property after the fire.  After
Ranciato was paid $50,170.14, he returned only the McNights’ dry cleaning. Ranciato
will not provide lien amounts for each item of property so that cross-complainants can
determine whether the lien he claims on each item of property is reasonable. Ranciato
contends, without authority, that he can claim a lien on the bulk of the items without
itemizing the cost of the services he provided for each item.  Ranciato contends that            the McNights already have the information requested by the interrogatories, but he
provided to the McNights only an 82 page inventory list that provides the number of
hours spent on all items together.   Ranciato is required to itemize services provided
as to each item so that the McNights can evaluate whether the lien amounts are
reasonable.

Ranciato’s objections to the discovery are overruled.

Ranciato is ordered to serve verified further responses to the special interrogatories,
Nos. 3, 4, 5, and 6, without objections, on or before January 10, 2014.

Sanctions are ordered to be paid to moving parties by Ranciato in the reasonable
amount of $1,200, to be paid no later than January 31, 2013.  If sanctions are not paid
by the due date, prevailing party may prepare a formal order on the sanctions award
for the Court’s signature for enforcement purposes.   Newland v Superior Court (1995)
40 Cal.App.4 608, 610.

The minute order is effective immediately.  No formal order pursuant to CRC Rule
3.1312 or further notice is required.