34-2013-00140062

Elisa Lee vs. Roderick Won

Nature of Proceeding: Motion to Compel Production of Documents

Filed By: Song, Haohao

Plaintiffs’ motion to compel further responses to form interrogatories and requests for
admissions is UNOPPOSED and GRANTED for the reasons stated in Plaintiffs’
separate statement.

Although Defendant Roderick Won (“Won”) submitted an Opposition asking the court
to stay the matter pending resolution of his bankruptcy action in federal court, Plaintiffs
have demonstrated that the bankruptcy petition was dismissed and, therefore, that
there is no automatic stay depriving this court of jurisdiction to rule on the instant
motion. Accordingly, Won’s request for a stay is DENIED.

Plaintiffs’ motion for an order compelling Won to produce responsive documents is
DENIED as premature. The court cannot compel a party to produce documents
responsive to a document request until that party indicates that it will produce
responsive documents and thereafter fails to make the production. (CCP § 2031.320
(a).)

Plaintiffs’ alternative motion for an order compelling Won to serve further responses to
document requests is UNOPPOSED and GRANTED for the reasons stated in
Plaintiffs’ separate statement.

Won shall serve further responses to the form interrogatories, requests for admissions
and document requests identified in Plaintiffs’ separate statement no later than
October 15, 2013.

Pursuant to CCP §§ 2023.010(i) and 2023.020 [failure to meet and confer], the court
imposes a monetary sanction against Won and his counsel, The Fullman Firm, PC, in
the amount of $560.00 (2 hrs @ the reasonable rate of $250.00/hr + $60.00 filing fee). Won and his counsel shall pay the sanction no later than November 1, 2013. If Won
and his counsel fail to pay the sanction by such date, then Plaintiffs may lodge for the
court’s signature a formal order awarding sanctions, which may be enforced as a
th
separate judgment. (See Newland v. Superior Court (1995) 40 Cal.App.4 608, 615.)

The notice of motion does not provide notice of the court’s tentative ruling system, as
required by Local Rule 1.06(D). Counsel for moving party is directed to contact
counsel for opposing party forthwith and advise counsel of Local Rule 1.06 and the
court’s tentative ruling procedure. If counsel for moving party is unable to contact
counsel for opposing party prior to hearing, counsel for moving party shall be available
at the hearing, in person or by telephone, in the event opposing party appears without
following the procedures set forth in Local Rule 1.06(B).

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