17-CIV-02318 RENE GAINES, et al. vs. MANANA KOZLOVA, et al.

RENE GAINES ALEX LEMIEUX

MANANA KOZLOVA marc d. bender

3. motion to compel SUPPLEMENTAL RESPONSES TO REQUESTS FOR PRODUCTION (SET one), THE PRODUCTION OF THE RESPONSIVE DOCUMETS and MONETARY SACNTIONS IN THE AMOUNT OF $2,730.00 AGAINST PLAINTIFFS, RENE GAINES AND ASHTON GAINES AND THEIR COUNSEL OF RECORD, ALEX LEMIEUX

TENTATIVE RULING:

Defendants Bijan Amini, et. al.’s Motion to Compel Supplemental Responses to Requests for Production (Set One), the Production of the Responsive Documents, and Monetary Sanctions, is GRANTED-IN-PART, as set forth below.

As to Defendants’ Request Nos. 27, 43, and 45, the motion to compel further responses is GRANTED. The responses state: “Plaintiff will produce the responsive documents in her possession.” The responses are not code-compliant. First, a responding party is obligated to produce all responsive documents in their possession, custody, or control—not just those in their possession. Further, per Code Civ. Proc. Sect. 2031.220, the responses must state whether the responding party is agreeing to produce all responsive documents in their possession, custody, or control. Within 10 days of this Order, Plaintiffs shall serve further responses to Request Nos. 27, 43, and 45 that are code-compliant, consistent with this Order.

As to Defendants’ Request No. 27, 43, and 45, the motion to compel production (compliance) of the documents is also GRANTED. The objections are waived. Plaintiffs shall produce all responsive documents in their possession, custody, or control within 10 days of this Order.

As to Request Nos. 46-49, the motion to compel further responses is GRANTED. The responses state: “Plaintiff has no responsive documents in her possession.” The responses are not code-compliant. First, a responding party is obligated to produce all responsive documents in their possession, custody, or control—not just those in her possession. Further, if Plaintiffs have no responsive documents in their possession, custody, or control, the responses here still do not comply with Code Civ. Proc. Sect. 2031.230, which states:

A representation of inability to comply with the particular demand for inspection, copying, testing, or sampling shall affirm that a diligent search and a reasonable inquiry has been made in an effort to comply with that demand. This statement shall also specify whether the inability to comply is because the particular item or category has never existed, has been destroyed, has been lost, misplaced, or stolen, or has never been, or is no longer, in the possession, custody, or control of the responding party. The statement shall set forth the name and address of any natural person or organization known or believed by that party to have possession, custody, or control of that item or category of item.

Within 10 days of this Order, Plaintiffs shall serve further responses to Request Nos. 46-49 that are code-compliant, consistent with this Order.

Defendants Bijan Amini, et. al.’s request for sanctions is GRANTED-IN-PART. There is no substantial justification for the non-compliant responses. The motion is also unopposed. The Court awards sanctions against Plaintiffs Rene and Ashton Gaines, jointly and severally, in the amount of $645, for three hours of attorney time at $185/hour ($555), plus the $60 motion filing fee, for a total of $615.

All sanctions shall be paid to Defendants’ counsel within 21 days of this Order.

If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to Rule 3.1308(a)(1), adopted by Local Rule 3.10, effective immediately, and no formal order pursuant to Rule 3.1312 or any other notice is required as the tentative ruling affords sufficient notice to the parties.

4. MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES (SET ONE) OF PLAINTIFF ASHTON GAINES AND MONETARY SANCTIONS IN THE AMOUNT OF $978.00 AS AGAINST PLAINTIFF, ASHTON GAINES AND HER COUNSEL OF RECORD, ALEX LEMIEUX

TENTATIVE RULING:

Defendants Bijan Amini, et. al.’s Motion to Compel Responses to Form Interrogatories (Set One), which seeks to compel Plaintiff Ashton Gaines to respond to Defendants’ first set of form interrogatories, is GRANTED. No responses were provided. Objections are waived. Plaintiff Ashton Gaines shall serve verified responses to Defendants’ first set of form interrogatories, without objections, within 10 days of this Order.

Defendants Bijan Amini, et. al.’s request for sanctions is GRANTED-IN-PART. There is no substantial justification for Ashton Gaines’ failure to serve responses. The motion is also unopposed. The Court awards sanctions against Plaintiff Ashton Gaines in the amount of $615, for three hours of attorney time at $185/hour ($555), plus the $60 motion filing fee, for a total of $615.

If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to Rule 3.1308(a)(1), adopted by Local Rule 3.10, effective immediately, and no formal order pursuant to Rule 3.1312 or any other notice is required as the tentative ruling affords sufficient notice to the parties.

5. MOTION TO COMPEL SUPPLEMENTAL RESPONSES TO FORM INTERROGATORIES (SET ONE) AS TO PLAINTIFF RENE GAINES AND FOR AN AWARD OF SANCTIONS IN THE AMOUNT OF $2,125.00 AS AGAINST PLAINTIFF, RENE GAINES AND HER

COUNSEL OF RECORD, ALEX LEMIEUX

TENTATIVE RULING:

Defendants Bijan Amini, et. al.’s Motion to Compel Supplemental Responses to Form Interrogatories (Set One), which seeks to compel Plaintiff Rene Gaines to serve further responses to Defendants’ first set of form interrogatories, Request No. 17.1, is GRANTED. Objections are waived. Plaintiff Rene Gaines shall serve a verified, further response, without objections, to Defendants’ form interrogatory No. 17.1 within 10 days of this Order.

Defendants Bijan Amini, et. al.’s request for sanctions is GRANTED-IN-PART. There is no substantial justification for Rene Gaines’ failure to respond to form interrogatory No 17.1 after having denied all of Defendants’ related requests for admission. The motion is also unopposed. The Court awards sanctions against Plaintiff Rene Gaines in the amount of $615, for three hours of attorney time at $185/hour ($555), plus the $60 motion filing fee, for a total of $615.