Case Number: 19BBCV00117 Hearing Date: August 02, 2019 Dept: A

Pogosyan v Bristol West Ins. Services

Motion to Compel Form Interrogatories (x2);

Motion to Deem Requests for Admission Admitted (x2)

Calendar:

2

Case No.:

19BBCV00117

Hearing Date:

August 02, 2019

Action Filed:

February 06, 2019

Trial Date:

Not Set

Motion to Compel Form Interrogatories (Vazgen Pirijanyan)

MP:

Defendant Coast National Insurance Company

RP:

N/A

Motion to Compel Form Interrogatories (Lidoush Pogosyan)

MP:

Defendant Coast National Insurance Company

RP:

N/A

Motion to Deem Requests for Admission Admitted (Vazgen Pirijanyan)

MP:

Defendant Coast National Insurance Company

RP:

N/A

Motion to Deem Requests for Admission Admitted (Lidoush Pogosyan)

MP:

Defendant Coast National Insurance Company

RP:

N/A

ALLEGATIONS:

The instant action arises from an insurance coverage dispute related to a hit-and-run car collision that occurred on or about February 19, 2017. Plaintiff Vazgen Pirijanyan (“Pirijanyan”) is alleged to have been the driver and injured party in the underlying incident, while Plaintiff Lidoush Pogosyan (“Pogosyan” and together with Pirijanyan the “Plaintiffs”) is the individual who contracted with the relevant insurance agencies. Defendants Bristol West Insurance Services of California, Inc. (“Bristol”), Farmers Insurance Group (“Farmers”), and (as amended into the Complaint as Doe 1) Coast National Insurance Company (“Coast” and collectively the “Defendants”) are alleged to have wrongly denied Pirijanyan’s claim for coverage following the underlying incident.

In the February 06, 2019, Complaint Plaintiffs allege five (5) causes of action sounding in (1) Breach of Contract – Third Party Beneficiary, (2) Breach of Express Warranty, (3) Breach of Implied Warranty, (4) Indemnification, and (5) Contribution.

PRESENTATION:

The instant motions to compel responses to Form Interrogatories, and to deem Requests for Admission Admitted were filed by Coast on June 28, 2019. The Court has not received any opposition.

RELIEF REQUESTED:

Defendant Coast National Insurance Company moves to compel responses to form interrogatories, and to deem requests for admission admitted.

DISCUSSION:

Standard of Review – Where a party fails to timely respond to discovery requests, the propounding party may move for an order of Court compelling responses to the outstanding written discovery. Code of Civ. Proc. §2030.290 (interrogatories); Code of Civ. Proc. §2031.300. If a party fails to timely respond to requests for admissions, the propounding party may move for a Court order deeming the Requests for Admission admitted. Code of Civ. Proc. §2033.280. An untimely responding party waives all objections, including privilege, unless they subsequently serve responses in substantial compliance with the Civil Discovery Act and demonstrate that their failure is the result of mistake, inadvertence, or excusable neglect. Code of Civ. Proc. §2030.290(a); §2031.300(a); §2033.280(a). The Court shall impose monetary sanctions for failure to timely respond to interrogatories or requests for production unless the party acted with substantial justification or the circumstances render imposition of sanctions unjust. Code of Civ. Proc. §2030.290(c); §2031.300(c). For untimely responses to Requests for Admission, the Court shall deem the Requests for Admission admitted unless the responding party serves a code compliant response prior to the hearing. Code of Civ. Proc. §2033.280(c). The Court must impose a monetary sanction on the party or attorney whose failure to serve timely Requests for Admission responses necessitated the motion. Id.

On review of the moving papers, Coast has established a prima facie right to relief on each of the four motions. Because no opposition has been filed, the motions are conceded by Plaintiffs. As to the issue of sanctions, the Court has reviewed the Declarations submitted together with the moving papers, and the Court will adjust the sanctions award to a more reasonable $250.00 per motion plus $60.00 filing fee for a total set forth below

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RULING:

Grant and award sanctions in the amount of $1,240.00 total.

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In the event the parties submit on this tentative ruling, or a party requests a signed order or the court in its discretion elects to sign a formal order, the following form will be either electronically signed or signed in hard copy and entered into the court’s records.

ORDER

Defendant Coast National Insurance Company’s Motions to Compel Responses to Form Interrogatories and Motions to Deem Requests for Admission Admitted came on regularly for hearing on August 02, 2019, with appearances/submissions as noted in the minute order for said hearing, and the court, being fully advised in the premises, did then and there rule as follows:

The motions are: GRANTED IN THEIR ENTIRETY;

PLAINTIFFS ARE EACH ORDERED TO PROVIDE FULL, VERIFIED, CODE-COMPLIANT RESPONSES WITHOUT OBJECTION TO FORM INTERROGATORIES WTIHIN TWENTY DAYS;

DEFENDANT COAST’S REQUESTS FOR ADMISSION AS TO EACH PLAINTIFF ARE DEEMED ADMITTED; AND

PLAINTIFFS VAZGEN PIRIJANYAN AND LIDOUSH POGOSYAN ARE EACH ORDERED TO PAY SANCTIONS IN THE AMOUNT OF $620.00 TO COUNSEL FOR MOVING PARTY.

DATE: _______________ _______________________________

JUDGE