Case Number: BC712188 Hearing Date: October 21, 2019 Dept: 5

Order #1 of 2

joel wieczorek,

Plaintiff,

v.

prestige construction & renovation service, et al.,

Defendants.

Case No.: BC712188

Hearing Date: October 21, 2019

[TENTATIVE] order RE:

motions to compel discovery responses

Defendant Ismael Ragheb Elzein (“Defendant”) moves to compel responses from Plaintiff Joel Wieczorek (“Plaintiff”) to: (1) Request for Production of Documents, Set One (“RPD”), (2) Form Interrogatories, Set One (“FROG”), and (3) Special Interrogatories, Set One (“SROG”).

Defendant served the discovery at issue on Plaintiff by mail on May 10, 2019. Plaintiff’s responses were thus due no later than June 14, 2019. As of the filing date of these motions, Defendant has not received responses from Plaintiff. Plaintiff has not opposed the motions, and there is nothing in the record to suggest that Plaintiff has complied with his discovery obligations. Accordingly, the motions to compel responses to the RPD, FROG, and SROG are granted per Code of Civil Procedure sections 2030.290 and 2031.300. Plaintiff is ordered to serve responses to Defendant’s RPD, FROG, and SROG, without objections, within 30 days of service of this order.

Defendant seeks sanctions in connection with the motions. The Court concludes that Plaintiff’s failure to respond to the discovery is an abuse of the discovery process. The Court awards sanctions against Plaintiff and Plaintiff’s counsel, S. Sean Bral, Esq., jointly and severally, in the amount of $980, which represents four hours of attorney time at $200 per hour, plus three filing fees of $60 each.

CONCLUSION AND ORDER

Defendant’s motions to compel responses to the RPD, FROG, and SROG are granted per Code of Civil Procedure sections 2030.290 and 2031.300. Plaintiff is ordered to serve verified responses, without objections, within 30 days of notice of this order.

Plaintiff and Plaintiff’s counsel, S. Sean Bral, Esq., jointly and severally, are ordered to pay monetary sanctions in the amount of $980 to Defendant, by and through counsel, within 30 days of notice of this order.

Defendant is ordered to provide notice of this order and file proof of service of such.

Order #2 of 2

joel wieczorek,

Plaintiff,

v.

prestige construction & renovation service, et al.,

Defendants.

Case No.: BC712188

Hearing Date: October 21, 2019

[TENTATIVE] order RE:

motions to compel discovery responses

Defendant Ismael Ragheb Elzein (“Defendant”) moves to continue the trial date in this matter, which is currently set for January 2, 2020. Defendant moves to continue trial because the parties have not completed discovery. Per California Rules of Court, rule 3.1332, a trial continuance may be appropriate due to “[a] party’s excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts. . . .” (Cal. Rules of Court, rule 3.1332, subdivision (c).) Here, Defendant relies on the declaration of its counsel, Tatiana Y. Bui (“Counsel”). Counsel states that Plaintiff has not replied to Defendant’s first set of written discovery, even though Plaintiff’s responses were due by June 12, 2019. (See Declaration of Tatiana Y. Bui.) This has hampered Defendant’s efforts to prepare for trial. Defendant has set forth “an affirmative showing of good cause” that supports the requested continuance. Plaintiff does not oppose the motion. Accordingly, the motion is granted. (Cal. Rules of Court, rule 3.1332 (c).)

CONCLUSION AND ORDER

The trial date, currently set for January 2, 2020, is advanced to this date and vacated. The Court sets the following dates:

Final Status Conference: June 25, 2020, at 10:00 a.m.

Trial: July 10, 2020, at 8:30 a.m.

The discovery and motions cut-off shall be governed by the new trial date. Defendant shall provide notice and file proof of such with the Court.

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