Judge: Alison Mackenzie, Case: 23STCV04789, Date: 2024-11-21 Tentative Ruling

Case Number: 23STCV04789    Hearing Date: November 21, 2024    Dept: 55

NATURE OF PROCEEDING: Defendant 600 Tower, LLC’s (1) Motion to Compel Responses to Requests for Production, Set One, and Sanctions; (2) Motion to Deem Requested Matters Admitted as to Plaintiff, and Sanctions; and (3) Motion to Compel Responses to Form and Special Interrogatories, and Sanctions.

In this habitability case, Defendant 600 Tower, LLC has filed motions to compel discovery responses to its document requests, form and special interrogatories, and for an order for requests for admission to be deemed admitted. Defendant requests sanctions for each of the three motions.

Defendant’s motion to compel regarding the requests for admission is set for hearing on 11/21/2024. Defendant’s motions to compel responses to the document requests and interrogatories are set for hearing on 11/22/2024, however, the Court advances the hearing on those motions to 11/21/2024 and considers those motions in this tentative along with the motion regarding the requests for admission.

As set forth in Defendant’s motions, Plaintiff Eja Haynespolke did not serve responses to the discovery requests served on Plaintiff on 3/26/2024.  Defendant filed its motions to compel such responses on 10/17/2024, seven months after Defendant served the discovery requests. In addition to not responding to the discovery, Plaintiff did not file an opposition to the motions.

The motions to compel are granted. Defendant shall serve verified responses, without objections, to the document requests and interrogatories, by 5 p.m. 12/2/2024. The requests for admission are deemed admitted.

Defendant seeks $1,425.00 in sanctions for each of the three motions. The Court exercises its discretion to reduce the sanctions for each motion to $550 because the requested sanctions sought by Defendant includes time spent reviewing and responding to Plaintiff’s opposition and appearing at a hearing on this matter. Given the lack of opposition and straightforward nature of the motions, the Court determines that $550 per motion ($1,650 total) is reasonable and awards $1,650 to Defendant in discovery sanctions.