Judge: Anne Hwang, Case: 20STCV00775, Date: 2024-02-23 Tentative Ruling

Case Number: 20STCV00775    Hearing Date: February 23, 2024    Dept: 32

PLEASE NOTE:   Parties are encouraged to meet and confer concerning this tentative ruling to determine if a resolution may be reached.  If the parties are unable to reach a resolution and a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept32@lacourt.org indicating that party’s intention to submit.  The email shall include the case number, date and time of the hearing, counsel’s contact information (if applicable), and the identity of the party submitting on this tentative ruling.  If the Court does not receive an email indicating the parties are submitting on this tentative ruling and there are no appearances at the hearing, the Court may place the motion off calendar or adopt the tentative ruling as the order of the Court.  If all parties do not submit on this tentative ruling, they should arrange to appear in-person or remotely.  Further, after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of the subject motion and adopt the tentative ruling as the order of the Court. 

TENTATIVE RULING

BACKGROUND

            Defendant Patricia Dent Kemp (Defendant) moves to compel Plaintiff Oliva Dugan (Plaintiff) responses to Supplemental Demand for Production of Documents, Set One and Supplemental Interrogatories, Set One. Defendant seeks monetary sanctions. No opposition has been filed.

LEGAL STANDARD

Demand for Production

Under Code of Civil Procedure Section 2031.300, if a party fails to serve a timely response to a demand for inspection, the party making the demand may move for an order compelling response to the demand. (Code Civ. Pro § 2031.300 (b).) The party who fails to serve a timely response to a demand for inspection waives any objection to the demand unless the court finds that the party has subsequently served a response that is in substantial compliance or party’s failure was the result of mistake, inadvertence, or excusable neglect. (Code Civ. Proc. § 2031.300 (a)(1)- (2).)

Supplemental Demand for Production

Code of Civil Procedure section 2031.050 provides:

“(b) A party may propound a supplemental demand for inspection, copying, testing, or sampling twice before the initial setting of a trial date, and, subject to the time limits on discovery proceedings and motions provided in Chapter 8 (commencing with Section 2024.010), once after the initial setting of a trial date.

(Code Civ. Proc. § 2031.050(b).)

Interrogatories

If a party to whom interrogatories are directed fails to serve a timely response, the propounding party may move for an order compelling responses. (Code Civ. Proc. § 2030.290 (b).) Failure to timely respond waives all objections, including privilege and work product, unless “[t]he party has subsequently served a response that is in substantial compliance” and “[t]he party’s failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect.” (Code Civ. Proc., § 2030.290 (a)(1), (a)(2).) The statute contains no time limit for a motion to compel where no responses have been served and no meet and confer is required when a party does not respond to discovery requests. All that need be shown in the moving papers is that a set of interrogatories was properly served on the opposing party, that the time to respond has expired, and that no response of any kind has been served. (Leach v. Superior Court (1980) 111 Cal.App.3d 902, 905-906.)

If a motion to compel responses is filed, the Court shall impose a monetary sanction against the losing party “unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.” (Code Civ. Proc., §§ 2030.290 (c).) Further, “[t]he court may award sanctions under the Discovery Act in favor of a party who files a motion to compel discovery, even though no opposition to the motion was filed, or opposition to the motion was withdrawn, or the requested discovery was provided to the moving party after the motion was filed.” (Cal. Rules of Court, rule 3.1348(a).)

Supplemental Interrogatories

            Code of Civil Procedure section 2030.070 provides:

            “(b) A party may propound a supplemental interrogatory twice before the initial setting of a trial date, and, subject to the time limits on discovery proceedings and motions provided in Chapter 8 (commencing with Section 2024.010), once after the initial setting of a trial date.”

(Code Civ. Proc. § 2030.070(b).)

DISCUSSION

Defendant asserts that on February 28, 2023, Defendant served Plaintiff with Defendant’s Supplemental Demand for Production of Documents, Set One and Supplemental Interrogatories, Set One. (Kalpakian Decl. ¶ 2, Exh. A.) The responses were due April 3, 2023. (Id.) No responses have been served. (Id. ¶ 4.) Since no responses have been served, the motions to compel are granted.

Defendant requests sanctions in the amount of $1,310 for each motion, representing a $250 hourly rate and the $60 filing fee. The Court finds sanctions are warranted but the amount requested is excessive given that no opposition was filed, and counsel can appear remotely at the hearing. Accordingly, the Court awards monetary sanctions in the amount of $870 (1.5 hours attorney time, plus the $60 filing fee, for both motions).

CONCLUSION

            The Court GRANTS Defendant’s motion to compel Supplemental Demand for Production of Documents, Set One, and motion to compel Supplemental Interrogatories, Set One. Plaintiff Oliva Dugan shall serve verified responses, without objection, within 10 days.

            Additionally, the Court further grants Defendant’s request for monetary sanctions against Plaintiff and her counsel of record, jointly and severally, in the reduced amount of $870. Monetary sanctions shall be paid to counsel for Defendant within 30 days of this order.

            Defendant shall provide notice of the Court’s order and file a proof of service of such.