Judge: Anne Hwang, Case: 21STCV22949, Date: 2023-09-12 Tentative Ruling

Case Number: 21STCV22949    Hearing Date: September 29, 2023    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

On June 21, 2021, Plaintiff Rodney Jerome Dennis (“Plaintiff”) filed a complaint against Defendant Rafael Lopez (“Defendant”) for damages resulting from a motor vehicle accident. On April 12, 2023, Defendant moved to compel verified responses to requests for production of documents. Defendant also seeks monetary sanctions against Plaintiff and Plaintiff’s counsel in the amount of $455.34. This motion is unopposed. 

LEGAL STANDARD

Where there has been no timely response to a demand for the production of documents, the demanding party may seek an order compelling a response. (Code Civ. Proc. § 2031.300, subd. (b).) Failure to timely respond waives all objections, including privilege and work product. (Code Civ. Proc. § 2031.300, subd. (a).) Thus, unless the party to whom the demand was directed obtains relief from waiver, he or she cannot raise objections to the documents demanded. There is no deadline for a motion to compel responses. Likewise, for failure to respond, the moving party need not attempt to resolve the matter outside court before filing the motion.¿ 

Sanctions are mandatory in connection with motions to compel responses to requests for production of documents against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel unless the court “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., § 2031.300(c)).)¿

DISCUSSION

A.     Motion to Compel Responses

On September 15, 2022, Defendant served requests for production of documents on Plaintiff. (Alami Decl. ¶ 2.) To date, no responses have been received. (Alami Decl. ¶ 5.) Accordingly, the Court grants the motion to compel verified responses without objection.  Responses are due within 30 days.

B.     Sanctions

Additionally, Defendant also seeks monetary sanctions against Plaintiff and Plaintiff’s counsel. Because Plaintiff has not opposed the motion, the Court has no information regarding whether there is substantial justification for the failure to respond, or whether imposition of sanctions would otherwise be unjust.

Defendant requests $455.34 in sanctions, consisting of 2 hours of attorney fees at $160.17 per hour, 1 hour of legal assistant time at $75 per hour, and $60 filing fee. The Court finds the amount requested to be reasonable and awards attorney’s fees in the amount of $455.34.

CONCLUSION AND ORDER

Therefore, the Court GRANTS the motion to compel responses to requests for production of documents and orders Plaintiff to provide verified responses without objection within 30 days.

The Court orders Plaintiff and counsel for Plaintiff to pay jointly and severally monetary sanctions in the amount of $455.34 to counsel for Defendant.

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