2012-00130475-CU-FR

Heritage Pacific Financial LLC vs. Minh L. Dich

Nature of Proceeding: Motion to Compel Discovery Responses, Have Facts Deemed Admitted

Filed By: Ullrich, Gabriel

Defendant Minh L. Dich’s motion to compel responses to Special Interrogatories (set
one), Form Interrogatories (set one), Request to Produce and Permit the Inspection
and Copying of Documents and other Tangible Things (set one) is essentially
UNOPPOSED and is GRANTED.

Defendant served the Special Interrogatories (set one), Form Interrogatories (set one),
Request to Produce and Permit the Inspection and Copying of Documents and other
Tangible Things (set one) on July 18, 2013. Plaintiff has not responded to the
discovery.

The Court notes that Plaintiff’s former attorney appears to have been confused as to
whether he was still representing Plaintiff at the time the discovery requests and
motion to compel were served. According to Plaintiff’s former attorney, Paul Cheng,
on or about February 2013, his office was informed that Wendy Harris would be the
new counsel of record for Plaintiff. He thereafter provided Ms. Harris a copy of a
signed Substitution of Attorney Form. On July 18, 2013, Attorney Cheng received
Defendant’s discovery requests. On July 29, 2013, a copy of the Substitution of
Attorney Form was filed with the Court (the Court notes that the form was only recently
processed by the Court). The Substitution of Attorney Form, however, was sent personally to Defendant, rather than Defendant’s attorney.

In August, Defendant’s counsel attempted to meet and confer with Attorney Cheng
regarding trial dates. Mr. Cheng informed Defendant’s counsel that he was no longer
Plaintiff’s attorney. Defendant filed the instant motion on September 6, 2013 and
served it on Attorney Cheng.

Thus, while it appears that Attorney Harris was the attorney of record at the time the
motion to compel was filed, because the Substitution of Attorney Form was not served
on Defendant’s Attorney, the Court presumes that Defendant’s attorney was not aware
that a substitution of attorney in fact occurred. Moreover, despite having been
forwarded the instant motion, Attorney Harris has not filed an opposition on behalf of
Plaintiff.

Accordingly, the motion is GRANTED. By no later than October 23, 2013, Plaintiff shall
serve verified written responses, without objections to Special Interrogatories (set
one), Form Interrogatories (set one), Request to Produce and Permit the Inspection
and Copying of Documents and other Tangible Things (set one).

Defendant Minh L. Dich’s motion to have her first set of requests for admissions
deemed admitted is UNOPPOSED and will be GRANTED unless, prior to the hearing,
Plaintiff Heritage Pacific Financial LLC has served responses in substantial
compliance with CCP § 2033.220. (CCP § 2033.280(b)-(c).)

Pursuant to CCP § 2033.280(c), the court imposes a mandatory monetary sanction in
the amount of $160.00 (1 hr @ the reasonable rate of $160/hr.) Plaintiff’s former
counsel (Paul Cheng) shall pay the sanction no later than October 30, 2013. If the
sanction is not paid by such date, then Defendant may lodge for the court’s signature a
formal order awarding sanctions, which may be enforced as a separate judgment.
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(See Newland v. Superior Court (1995) 40 Cal.App.4 608, 615.)

Defendant’s motion for terminating sanctions is DENIED.

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