Case Number: KC069426 Hearing Date: May 16, 2018 Dept: J

Re: New Hope Financial Center, Inc. v. Pensco Trust Company, etc., et al. (KC069426)

(1) MOTION TO COMPEL PLAINTIFF NEW HOPE FINANCIAL CENTER, INC.’S RESPONSES TO FORM INTERROGATORIES (SET ONE)[1]; (2) MOTION TO COMPEL PLAINTIFF NEW HOPE FINANCIAL CENTER, INC.’S RESPONSES TO SPECIAL INTERROGATORIES(SET ONE)

Moving Party: Defendant North American Title Company, Inc.

Respondent: No timely opposition filed (due 5/318)

POS: Moving OK

Plaintiff claims an interest as owner of the real property located at 607 S. Barranca Avenue in Covina (“subject property”). Plaintiff alleges that on or about 12/16/12, Defendant Pensco Trust Company Custodian fba John Gregg II Ira 2004642 (“Pensco”) obtained a Deed of Trust With Assignment of Rents to secure a loan it issued against the subject property, which it recorded on or about 12/27/12. Plaintiff claims that the loan from Pensco, and the deed to secure it, were obtained through fraud by persons impersonating plaintiff. On or about 4/3/14, Pensco filed a civil complaint styled Pensco Trust Company Custodian fbo John Gregg II IRA 2004642 v. PB Financial Group Corp., et al., Case No. KC066785 (“Underlying Matter”); during the pendency of the Underlying Matter, plaintiff was deemed liable for the $115,746.60 tax lien on the subject property that was paid through escrow and Pensco was granted equitable subrogation as security for this debt. The Underlying Matter was settled and dismissed. Plaintiff claims that Pensco, however, refuses to release its deed against the subject property or to modify it to only reference the $115,746.60. The complaint was filed 6/29/17. The First Amended Complaint, filed 9/12/17, asserts causes of action against Pensco and Does 1-10 for:

Cancellation of Written Instruments;

Slander of Title;

Violation of California Fair Debt Collection Act [Civil Code § 1788 et seq.];

Negligence;

Negligent Interference with Prospective Economic Advantage; and

Conspiracy

The Final Status Conference is set for 2/1/19. A jury trial is set for 2/5/19.

(1) MOTION TO COMPEL RE: FORM INTERROGATORIES:

Defendant North American Title Company, Inc. (“defendant”) moves the court for an order, per CCP § 2030.090, compelling Plaintiff New Hope Financial Center, Inc. (“plaintiff”) to provide responses, without objections, to its Form Interrogatories, Set No. One. Defendant also seeks monetary sanctions against plaintiff and or his attorney of record in the amount of $685.00.

“Within 30 days after service of interrogatories, the party to whom the interrogatories are propounded shall serve the original of the response to them onthe propounding party…” CCP § 2030.260(a). “If a party to whom interrogatories are directed fails to serve a timely response, the following rules apply:… (b) The party propounding the interrogatories may move for an order compelling response to the interrogatories. (c) The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a response to interrogatories, 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 § 2030.290.

On or about 2/12/18, defendant mail-served its Form Interrogatories, Set No. One on plaintiff. (Levota Decl., ¶ 2, Exhibit “1”). On 3/30/18, defendant’s counsel Joseph Levota sent a letter to plaintiff’s counsel Michael Lewis (“Lewis”), advising Lewis that plaintiff’s responses were overdue and asking him to indicate whether or not plaintiff anticipated providing responses. (Id., ¶ 3, Exhibit “2”). Lewis has not responded to the 3/30/18 letter as of the date of the filing of the motion, nor has plaintiff responded to the discovery. (Id., ¶ 4).

Unless plaintiff has served verified responses, without objection, prior to the hearing, plaintiff is ordered to do so within 10 days.

Sanctions are awarded as against plaintiff only, but reduced to $435.00 (i.e., 0.5 hours preparing motion, plus 1 hour attending hearing at $250.00/hour, plus $60.00 filing fee), payable by plaintiff and its counsel to counsel for defendants within 10 days.

(2) MOTION TO COMPEL RESPONSES RE: SPECIAL INTERROGATORIES:

Defendant North American Title Company, Inc. (“defendant”) moves the court for an order, per CCP § 2030.090, compelling Plaintiff New Hope Financial Center, Inc. (“plaintiff”) to provide responses, without objections, to its Special Interrogatories, Set No. One. Defendant also seeks monetary sanctions against plaintiff and or his attorney of record in the amount of $685.00.

The language of CCP §§ 2030.260(a) and 2030.290 is set forth above.

On or about 2/12/18, defendant mail-served its Special Interrogatories, Set No. One on plaintiff. (Levota Decl., ¶ 2, Exhibit “1”). The discovery was accompanied by a declaration for additional discovery. (Id., ¶ 2, Exhibit “2”). On 3/30/18, defendant’s counsel Joseph Levota sent a letter to plaintiff’s counsel Michael Lewis (“Lewis”), advising Lewis that plaintiff’s responses were overdue and asking him to indicate whether or not plaintiff anticipated providing responses. (Id., ¶ 3, Exhibit “3”). Lewis has not responded to the 3/30/18 letter as of the date of the filing of the motion, nor has plaintiff responded to the discovery. (Id., ¶ 4).

Unless verified responses, without objection, have been served prior to the hearing, plaintiff is ordered to do so within 10 days.

Sanctions are awarded as against plaintiff only, but reduced to $435.00 (i.e., 0.5 hours preparing motion, plus 1 hour attending hearing at $250.00/hour, plus $60.00 filing fee), payable by plaintiff and its counsel to counsel for defendants within 10 days.