Case Number: BC519027    Hearing Date: August 04, 2014    Dept: 58

JUDGE ROLF TREU
DEPARTMENT 58
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Hearing Date: Monday, August 4, 2014
Calendar No: 1
Case Name: Kattan v. Bolour, et al.
Case No.: BC519027
Motion: Motions to Compel Further Responses to Form Interrogatories, Special Interrogatories, and Requests for Production of Documents
Moving Party: Plaintiff Mario Kattan
Responding Party: No oppositions filed
Notice: OK

Tentative Ruling: Motions to compel further responses to form interrogatories, special interrogatories, and requests for production of documents are granted: further supplemental responses to be provided within 10 days.

Sanctions are awarded in favor of Plaintiff against Defendant Mehdi Bolour and his counsel of record, Abraham Rudy, jointly and severally, in the total reduced amount of $3,570 to be paid within 30 days.
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Background –
On 8/22/13, Plaintiff Mario Kattan filed this action against Defendants Mehdi Bolour and Denley Investment and Management Company, Inc. (collectively “Defendants”) arising out of an alleged oral partnership agreement concerning the ownership and operation of Juicy Burger restaurants, parking facilities, and a market. Kattan asserts causes of action for (1) breach of oral partnership agreement, (2) breach of fiduciary duty, (3) promissory fraud, (4) constructive fraud, (5) false arrest, and (6) dissolution and accounting.

On 12/4/13, Defendants filed and answer; and Mehdi Bolour filed a cross-complaint against Kattan and Cross-Defendant Juicy Burger LLC asserting causes of action for (1) breach of oral contract, (2) breach of fiduciary duty, (3) breach of implied covenant of good faith and fair dealing, (4) fraud, (5) conversion, (6) money had and received, (7) dissolution, and (8) accounting.

On 11/21/13, Kattan filed motions to compel Bolour to provide further responses to demands for production of documents, requests for admission, and form and special interrogatories. On 1/24/14, the Court continued the hearing on Kattan’s discovery motions to address the issue of Defendants’ representation by counsel. On 3/6/14, the Court struck Defendants’ answer and Bolour’s cross-complaint, entering default against Defendants. On 4/14/14, the Court granted Defendants’ motion to set aside the defaults, deeming supplemental responses provided by Defendants as being served as of 4/14/14. Trial is set for 3/16/15; FSC for 3/5/15.

Motions to Compel Further Responses –
On 4/14/14, the Court stated that it presumed that with current representation by counsel, any outstanding discovery issues would be amicably resolved. See Ruling dated 4/14/14. This apparently has not occurred because on 7/11/14, Kattan filed a motion to compel Bolour to provide further responses to form interrogatories, special interrogatories, and requests for production of documents.

Kattan’s counsel submits that he attempted to meet and confer with Bolour’s counsel Abraham Rudy (Juenger Decls. ¶¶ 12, Ex. L [Interrogatories], Ex. I [RPDs]) but that Mr. Rudy did not respond (id. ¶¶ 13). At the CMC on 5/14/14, Mr. Rudy stated that he intended to serve further supplemental responses within two or three weeks. Id. ¶¶ 14; see also M.O. dated 5/14/14. On 6/30/14, Mr. Rudy sent an email stating that they are in the process of finalizing discovery responses which should be received towards the end of the week. Juenger Decls. ¶¶ 16, Ex. O [Interrogatories], Ex. L [RPDs]. On 7/8/14, Kattan’s counsel sent an email stating that they have not received further discovery responses (Juenger Decls. ¶¶ 17, Ex. P [Interrogatories], Ex. M [RPDs]) but that Mr. Rudy did not respond (id. ¶¶ 18).

No opposition was received. Reviewing Bolour’s supplemental responses deemed served on 4/14/14 (Juenger Decl. [Interrogatories] Exs. D-E; Juenger Decl. [RPDs] Ex. B) and in light of Mr. Rudy’s representation that further supplemental responses would be provided, the Court finds that Kattan has established good cause to compel Bolour to provide further supplemental responses to the form interrogatories (Nos. 1.1, 2.1, 2.2, 2.5, 2.6, 2.7, 2.10 (conflicting answers as to whether Bolour can read and write English with ease (see Juenger Decl. [Interrogatories] Ex. Q)), 12.1, 17.1 (relating to RFAs not admitted), 50.1, 50.2, 50.3, 50.5, and 50.6); special interrogatories (Nos. 1-6, 8-29); and requests for production of documents.

Sanctions –
Pursuant to CCP § 2030.300(d) and 2031.310(h), Kattan requests attorney fees of $2,475 for each motion consisting of 4 hours in preparing the motion and an additional 3 hours in preparing a reply and attending the hearing at the hourly rate of $345 and $60 in filing fees. Juenger Decl. [Interrogatories] ¶ 21; Juenger Decl. [RPDs] ¶ 20. However, the Court notes that no opposition was filed, thus no reply is necessary. In view of the lack of opposition, the Court deems that the issue of sanctions, and the amount thereof, is not contested. Under these circumstances, the Court will award Kattan sanctions against Bolour and his counsel of record, Mr. Rudy, in the total reduced amount of $3570 (reflecting 10 hours at the hourly rate of $345 and $120 in filing fees).