2014-00158155-CU-OE

Young Park vs. Catch a Wave by Blue Nami

Nature of Proceeding:   Motion to Deem Matters Admitted

Filed By:  Kim, David D.

If oral argument is requested, the hearing for the oral argument will be on Monday
June 23, 2014 in Department 53 at 2:00 p.m.  If this time is not convenient, the parties
shall meet and confer on a later date for oral argument and inform the court clerk by
4:00 p.m. on June 20.
Defendants’ Motion to Deem Matters Admitted is granted, unless plaintiffs serve
responses before the hearing that are in substantial compliance with CCP 2033.220.
If responses are served before the hearing, moving party shall contact the court clerk
forthwith.  (Plaintiffs state that they will be serving responses to the RFAs before the
June 20, 2014 hearing date.

Mandatory sanctions are ordered to be paid by plaintiffs to defendants in the
reasonable amount of $560, on or before July 21, 2014.  CCP 2033.280(c).

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

Item   10   2014-00158155-CU-OE

Young Park vs. Catch a Wave by Blue Nami

Nature of Proceeding:   Motion to Compel 1) Form Interrogatories 2) Special Interrogatories

Filed By:  Kim, David D.

If oral argument is requested, the hearing for the oral argument will be on Monday
June 23, 2014 in Department 53 at 2:00 p.m.  If this time is not convenient, the parties
shall meet and confer on a later date for oral argument and inform the court clerk by
4:00 p.m. on June 20.

Defendants served form and special interrogatories on the plaintiffs.  The responses
were due May 2, 2014.   Plaintiffs’ counsel was aware that his client Kyung Kim was
leaving for Korea on or about April 1, 2014.  Counsel did not inform defendants and did
not timely request an extension.  Plaintiffs’ counsel belatedly requested an extension of
several months, contending that his client was in Korea to visit relatives who were ill or
dying.  Defendants counsel rejected the request for a several month extension of time
to respond, although he was willing to allow a several week extension.  There is no
contention that plaintiff Young Park was unavailable to respond to the discovery, and
the Reply contains a Declaration of an investigator who took photographs of Young
Park in Sacramento in May of 2014.

Plaintiffs have opposed the motion, contending that defendants were unreasonable in
failing to provide a lengthy extension.  The Court finds that defendants were not
unreasonable in refusing an extension of time until August.

Plaintiffs are ordered to serve verified responses to the form interrogatories and
special interrogatories, without objections, on or before July 21, 2014. Cal Code Civ
Proc § 2030.290.  The Court is allowing more than the usual response time to allow
more time to contact the client, if she is still in Korea.

Sanctions are ordered to be paid by plaintiffs to defendants in the reasonable amount
of $560, on or before July 21, 2014.

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