Case Number: 18PSCV00182 Hearing Date: December 19, 2019 Dept: J

HEARING DATE: Thursday, December 19, 2019

NOTICE: OK

RE: Ma, et al. v. Zhang, et al. (18PSCV00182)

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Plaintiff Yunhan Chen’s MOTION TO COMPEL ALL DEFENDANTS TO ANSWER REQUESTS FOR PRODUCTION OF DOCUMENTS, SET NO. TWO

Responding Party: None (unopposed, as of 12/9/19, 9:40 a.m.; due 12/6/19)

Tentative Ruling

Plaintiff Yunhan Chen’s Motion to Compel All Defendants to Answer Requests for

Production of Documents, Set No. Two is GRANTED. Defendants are ordered to serve on

Chen verified responses, without objections, to Chen’s Requests for Production of

Documents, Set One within 20 days. Sanctions are awarded against Defendants, jointly and

severally, in the reduced amount of $890.00, and payable within 30 days. Counsel for Chen

is requested to provide proof of payment of an additional $180.00 in filing fees at or before

the time of the hearing.

Background

Plaintiffs Lingzhi Ma, Yunhan Chen and Topstar Fright Inc. (“Plaintiffs”) allege that Plaintiffs

entered into an oral and written agreement with Defendants and gave Defendants $800,000.00 to

invest in a business and obtain permanent resident cards through an EB-5 immigrant investor

program. Plaintiffs allege that they were defrauded and never received their permanent resident

cards from Defendants. Plaintiffs further allege that Defendants did not give Plaintiffs their

money back.

On December 12, 2018, Plaintiffs filed a complaint, asserting causes of action against

Defendants Xuefei Zhang aka Xu Fei Zhang aka Xufei Zhang (“Zhang”), Lihong Liu (“L. Liu”),

Juan Liu aka Jenny Liu (“J. Liu”), Sunny Way Trucking Inc. (“Sunny Way”) and Does 1-20 for:

Breach of Contract

Money Had and Received

Conversion

Intentional Misrepresentation

Negligent Misrepresentation

Fraudulent Concealment

Breach of Fiduciary Duty

Constructive Fraud

Unfair Competition

Declaratory Relief

A Case Management Conference is set for February 25, 2020.

Legal Standard

A response to a request for production of documents is due 30 days after service. (CCP §

2031.260(a).) The responding party shall verify the response under oath unless the response

contains only objections. (CCP § 2031.250(a).) An unsworn response is tantamount to no

response. (Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 636.)

A party who fails to serve a timely response waives any objection to the demand,

including an objection based on privilege or the attorney work-product doctrine. (CCP §

2031.300(a).) If a party to whom a request for production of documents is directed fails to serve

a timely response to it, the party making the demand may move for an order compelling response

to the demand. (CCP § 2031.300(b).)

The court shall impose a monetary sanction against any party, person, or attorney who

unsuccessfully makes or opposes such a motion to compel, unless it finds that the one subject to

the sanction acted with substantial justification or that other circumstances make the imposition

of the sanction unjust.” (CCP § 2031.300(c).)

Discussion

Plaintiff Yunhan Chen (“Chen”) moves the court for an order compelling Zhang, L. Liu, J. Liu

and Sunny Way (collectively, “Defendants”) to provide, within ten days, complete and verified

answers, without objection, to Chen’s Requests for Production of Documents, Sets No. Two.

Chen also seeks monetary sanctions in the amount of $3,002.50 against Defendants, jointly and

severally.

On August 23, 2019, Chen served Requests for Production of Documents, Sets No. Two. (Skovholt Decl., ¶3, Exh. 1) Responses thereto were due by September 27, 2019. (Id., ¶4.) On October 8, 2019, Defendants’ counsel Kevin Long (“Long”) mail-served unverified responses replete with objections. (Id., ¶5, Exh. 2.) On October 15, 2019,

The motion is GRANTED. Defendants’ responses to the subject discovery were untimely;

accordingly, objections were waived. The responses, moreover, were not verified. Defendants

are ordered to serve on Chen verified responses, without objections, to Chen’s Requests for

Production of Documents, Sets No. Two within 20 days.

Sanctions

Chen seeks sanctions in the amount of $1,425.00 [calculated as follows: 2 hours preparing motion, plus 0.8 hours meeting/conferring, plus 1.6 hours reviewing opposition and preparing reply, plus 2.6 travel/appearance time at $325.00/hour, plus $240.00 filing fees (Note: This equals only $2,515.00).]

The court determines that the amount of sanctions requested are excessive. Sanctions are awarded against Defendants, jointly and severally, in the reduced amount of $890.00. (i.e., 2 hours at $325.00/hour, plus $240.00 in filing fees). Sanctions are payable within 30 days.

Filing Fees

Lastly, the court notes that Chen sought to compel responses from Zhang, L. Liu, J. Liu

and Sunny Way within one motion. Counsel for Chen represents that her office paid $60.00 upon

reserving the motion date, and will be remitting an additional $180.00 to the filing window clerk

via mailed check. (Skovholt Decl., ¶8.) Counsel for Chen is requested to provide proof of

payment of the additional $180.00 in filing fees at or before the time of the hearing.