Case Number: BC667792 Hearing Date: January 10, 2019 Dept: SEC

YI v. JSGS PARTNERS LLC

CASE NO.: BC667792

HEARING: 01/10/19

JUDGE: LORI ANN FOURNIER

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TENTATIVE ORDER

Defendant/Cross-Complainant JSGS PARTNERS, LLC’s motion to compel further responses to Special Interrogatories (set three) is GRANTED. CCP §2030.300

Defendant/Cross-Complainant JSGS PARTNERS, LLC’s unopposed motion to compel compliance with third party witness deposition subpoena of Nanoom Christian Fellowship’s PMK is GRANTED. CCP §1987.1.

Moving Party to give Notice.

Motion to Compel Further Responses to Special Interrogatories

“If the propounding party, on receipt of a response to interrogatories, deems that (1) an answer to a particular interrogatory is…incomplete…or (3) an objection to an interrogatory is without merit or too general, that party may move for an order compelling further response.” (CCP §2030.300(a).)

Defendant seeks to compel Plaintiff’s further responses to Special Interrogatories (set three).

Defendant’s motions to compel further responses to Special Interrogatories is GRANTED in part. Plaintiff’s responses are evasive, non-responsive, and conflict with Plaintiff’s own deposition testimony. The Court finds that the interrogatories at issue seek relevant information, and are reasonably calculated to lead to the discovery of relevant, admissible evidence. (See Colonial Life & Acc. Ins. Co. v. Sup. Ct. (1982) 31 Cal.3d 785, 790.)

Plaintiff is hereby ORDERED to serve further verified responses to the Special Interrogatories (set three), without objections, within 30 days of the Court’s issuance of this Order. This date may be extended by agreement of the parties.

Plaintiff and his counsel of record are ORDERED to pay Defendant and its counsel of record, sanctions in the total amount of $840.00 ($195/hr. x 4 hrs.) + ($60 costs) no later than 30 days from the Court’s issuance of this Order

Motion to Compel Deposition

Allegedly, Plaintiff has resided at the Nanoom Christian Fellowship (“Nanoom”), a center for drug and alcohol rehabilitation for over two years. Plaintiff testifies that individuals at Nanoom have seen him suffer from injuries caused by the Subject Incident. Defendant moves to compel the deposition of the PMK of the Nanoom. On August 1, 2018, Pastor Leung Geun appeared as PMK of Nanoom—however, Pastor Geun testified at his deposition that he is not the PMK of Nanoom, and has no pertinent knowledge about the instant case. Defendant maintains that Pastor Han is the actual PMK of Nanoom, and should be compelled to attend a deposition.

“If a subpoena requires the attendance of a witness or the production of…documents…the court…may make an order…directing compliance with it upon those terms or conditions as the court shall declare….” (CCP §1987.1(a).) If at the deposition, a deponent fails to answer a question or fails to produce the requested documents, then the party noticing the deposition and production of documents may bring a motion to compel an answer or to compel production. (See CCP §2025.480(a).) The Court shall impose a monetary sanction against a party, person, or attorney who unsuccessfully makes or opposes this motion unless the one subject to the sanctions acted with substantial justification or there are other circumstances that would make the imposition of the sanction unjust. (CCP §2025.480(j).)

Here, the evidence in support of Defendant’s motion demonstrates that the deposition subpoena was directed towards Nanoom’s PMK. Nanoom PMK did not appear on the day of the deposition. Defendant’s motion is granted.

Nanoom failed to submit an Opposition to the instant motion to compel. As such, there is nothing to show that Nanoom acted with substantial justification and the Court knows of no other circumstances which would make the imposition of sanctions unjust. Therefore, Defendant’s request for monetary sanctions is granted.

Deponent PASTOR HAN is ORDERED to appear for a deposition, without objection, at a reasonable date and time to be determined by the moving party— no later than 30 days from the date of this hearing. The date may be extended by agreement of the parties.

Defendant’s request for monetary sanctions is GRANTED as follows: Third party Nanoom Christian Fellowship is ORDERED to pay Defendant and its counsel of record, sanctions in the total amount of $450.00 (2 hrs. x $195/hr.) ($60 costs) no later than 15 days from the date of his hearing.