Case Number: BC674295 Hearing Date: April 03, 2018 Dept: 92

ROBERT MIRZAKHANIAN,

Plaintiff(s),

vs.

EMAN ABDELMESIH, ET AL.,

Defendant(s).

CASE NO: BC674295

[TENTATIVE] ORDER GRANTING DEFENDANTS’ MOTIONS TO COMPEL FURTHER RESPONSES

Dept. 92

1:30 p.m.

April 3, 2018

1. Background Facts

Plaintiff, Robert Mirzakhanian filed this action against Defendants, Eman Abdelmesih, Wendy Welch, and Francisco Ramirez for damages arising out of an automobile accident.

2. Motions to Compel Further Responses

a. History of Discovery Dispute

Defendants, Welch and Ramirez propounded form interrogatories and RFAs on Plaintiff on 9/29/17. Plaintiff served responses, which Defendant believed were insufficient. Defendant made an attempt to meet and confer with Plaintiff, who promised to amend/supplement the responses. Plaintiff did so on 1/08/18. However, Defendant continued to believe the responses were insufficient, and again attempted to meet and confer. On 3/14/18, the parties appeared at an informal discovery conference. The parties were unable to resolve remaining differences concerning the discovery at issue. The hearing on these motions follows.

b. Opposition

Even though Plaintiff appeared at and participated in the IDC, Plaintiff has not filed formal opposition to the motions to compel.

c. RFAs

Plaintiff’s response to each RFA at issue is the same:

Plaintiff does not have sufficient information to either admit or deny at the present time. A reasonable inquiry concerning the matter in this particular request has been made, and the information known is insufficient to enable the Plaintiff to admit the matter.

CCP §2033.220(c) provides, “If a responding party gives lack of information or knowledge as a reason for a failure to admit all or part of a request for admission, that party shall state in the answer that a reasonable inquiry concerning the matter in the particular request has been made, and that the information known or readily obtainable is insufficient to enable that party to admit the matter.”

Defendants correctly note that Plaintiff’s responses are insufficient, in that they mention information “known,” but not information “readily obtainable.” The motion to compel a further response to each RFA at issue is therefore granted. Plaintiffs shall serve verified further responses without objection within 10 days.

d. Interrogatories

Defendant adequately shows that Plaintiff’s responses to form interrogatories 17.1 and 20.8 are insufficient. Notably, Plaintiff did not even respond to form interrogatory 17.1 as it relates to most of the RFAs at issue. Defendant shows that the responses, to the extent they were provided, do not provide all information sought. The motion to compel further responses to form interrogatories is therefore also granted. Plaintiffs shall serve verified further responses without objection within 10 days.

e. Sanctions

Defendants seek imposition of sanctions in connection with the motions. Sanctions are appropriate, as the motions adequately establish deficient responses, and Plaintiff did not oppose the motions. Sanctions may be awarded where no opposition is filed. CRC 3.1348(a). Defendants seek sanctions in the amounts of $1296 (RFAs) and $1152.25 (form interrogatories). Counsel bills at the reasonable rate of $143.75/hour. The Court awards the requested two hours to participate at the IDC, but only awards the time once. The Court awards the requested three hours to prepare the interrogatory motion and four hours to prepare the RFA motion. No opposition was filed and therefore no time to file a reply was necessary. The Court awards the requested one hour to appear at the hearing, but again only awards the time once. The Court therefore awards a total of ten hours of attorney time at the rate of $143.75/hour, or $1437.50 in attorneys’ fees. The Court also awards two filing fees of $60 each and one $86 courtcall fee, or $206 in costs.

Sanctions are sought and imposed against Plaintiff and his attorney of record, jointly and severally; they are ordered to pay sanctions to Defendants, by and through their attorney of record, in the total amount of $1643.50, within twenty days.