Case Number: 18STLC13954 Hearing Date: February 19, 2020 Dept: 26

Shahbaz v. SAB Investment Property, LLC, et al.

MOTION TO COMPEL RESPONSES TO INTERROGATORIES, REQUEST FOR PRODUCTION; REQUEST FOR SANCTIONS

(CCP §§ 2030.290; 2031.300)

TENTATIVE RULING:

Defendant SAB Investment Property, LLC (1) Motion For Order Compelling Plaintiff To Respond to Special Interrogatories; Request for Sanctions; and (2) Motion For Order Compelling Plaintiff to Respond to Request for Production of Documents; Request For Sanctions are GRANTED. PLAINTIFF TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION TO THE DISCOVERY REQUESTS WITHIN 20 DAYS’ NOTICE OF THIS ORDER. THE COURT FURTHER ORDERS THAT PLAINTIFF AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY TO PAY SANCTIONS OF $1,245.00 TO DEFENSE COUNSEL WITHIN 30 DAYS’ NOTICE OF THIS ORDER.

ANALYSIS:

Plaintiff Egal Shahbaz (“Plaintiff”) filed the instant action for discrimination on the basis of disability against Defendant SAB Investment Property, LLC (“Defendant”) on November 9, 2018. On August 30, 2019, Defendant served Special Interrogatories and Request for Production of Documents on Plaintiff by mail. (Motions, Song Decl. ¶3 and Exh. A.) Responses were due by October 4, 2019. (Code Civ. Proc., §§ 2030.260, 2031.250, On October 7, 2019, Plaintiff untimely served unverified responses to the discovery requests. (Id. at ¶4 and Exh. B.) Despite Plaintiff’s contention, there is no documentary evidence to show that verifications or responses were sent on September 9, 2019 as no exhibits are attached to the declaration of Plaintiff’s counsel. (Opp., Shahbaz Decl., ¶¶4-5.)

The failure to timely serve responses, whether containing objections, or facts, or both, results in waiver of all objections. (Food 4 Less Supermarkets, Inc. v. Superior Court (1995) 40 Cal.App.4th 651, 658.) As of the date the Motions were filed—November 22, 2019—Defendant had not received verified responses to the discovery requests from Plaintiff without objection.

Based on Plaintiff’s failure to timely respond to the propounded discovery requests, Defendant is entitled to verified responses without objections to the interrogatories and requests for production within twenty (20) days of notice of this Order. (Code Civ. Proc., §§ 2030.290, 2031.300.)

The Court also finds that Plaintiff’s failure to respond is a misuse of the discovery procedures. (Code Civ. Proc., § 2023.010, et seq.) While the request for sanctions is based solely on an unsuccessful and unjustified opposition, the Court finds it sanctions are appropriate in light of the oppositions’ failure to demonstrate why the relief requested should not be granted. (Code Civ. Proc., §§ 2030.290, subd. (c); 2031.300, subd. (c).) Sanctions are appropriate in the amount of $1,245.00 based on three hours of attorney time billed at $375.00 per hour, plus two filing fees of $60.00 each. (Motion, Song Decl., ¶9.) Sanctions of $1,245.00, awarded jointly and severally against Plaintiff and his counsel of record, are to be paid within thirty (30) days from notice of this Order.

Defendant SAB Investment Property, LLC (1) Motion For Order Compelling Plaintiff To Respond to Special Interrogatories; Request for Sanctions; and (2) Motion For Order Compelling Plaintiff to Respond to Request for Production of Documents; Request For Sanctions are GRANTED. PLAINTIFF TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION TO THE DISCOVERY REQUESTS WITHIN 20 DAYS’ NOTICE OF THIS ORDER. THE COURT FURTHER ORDERS THAT PLAINTIFF AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY TO PAY SANCTIONS OF $1,245.00 TO DEFENSE COUNSEL WITHIN 30 DAYS’ NOTICE OF THIS ORDER.

Moving party to give notice.