Judge: Anne Hwang, Case: 20STCV49382, Date: 2024-03-20 Tentative Ruling

Case Number: 20STCV49382    Hearing Date: March 20, 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

            Cross Defendant Tony Lam (“Cross Defendant”) moves to compel Plaintiff Curtis Carter’s (“Plaintiff”) responses to Form Interrogatories, Set One. Cross Defendant also seeks monetary sanctions. No opposition has been filed.  

LEGAL STANDARD

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).) 

DISCUSSION

Cross Defendant asserts that on May 25, 2023, Cross Defendant served Form Interrogatories, Set One on Plaintiff. (Arbucci Decl. ¶ 2, Exh. A.) The responses were due June 27, 2023. (Id. ¶ 3.) As of the date of filing this motion, no responses have been served. (Id. ¶ 5.) Therefore, because Plaintiff does not oppose and responses have not been served, the motion to compel is granted.

            Cross Defendant requests sanctions for $360 against Plaintiff and his counsel of record, representing an hourly rate of $150 and the $60 filing fee. The Court finds the amount requested to be reasonable.

CONCLUSION AND ORDER

Accordingly, Cross Defendant’s Motion to compel is GRANTED. Plaintiff Curtis Carter shall serve properly verified responses, without objections, to Form Interrogatories, Set One, within 14 days.

The Court further GRANTS Defendant’s request for monetary sanctions against Plaintiff and his counsel of record, jointly and severally, in the amount of $360.00. Said monetary sanctions are to be paid to counsel for Cross Defendant within 30 days of the date of this order.

Cross Defendant to provide notice and file a proof of service of such.