Judge: Anne Hwang, Case: 21STCV46735, Date: 2024-05-16 Tentative Ruling

Case Number: 21STCV46735    Hearing Date: May 16, 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 SP Plus Corporation (“Cross-Defendant”) moves to compel Plaintiff Sol Kim (“Plaintiff”) to serve verified responses, without objections, to Requests for Production of Documents, Special Interrogatories, and Form Interrogatories. Cross-Defendant seeks monetary sanctions. No opposition has been filed.

LEGAL STANDARD

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).)

Requests 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).)

Courts shall impose a monetary sanction against any party who unsuccessfully makes or opposes a motion to compel a response to a demand for inspection unless the party acted with substantial justification or other circumstances make the imposition of the sanction unjust. (Code Civ. Proc. § 2031.300 (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

Here, Cross-Defendant served Requests for Production of Documents, Special Interrogatories, and Form Interrogatories, on Plaintiff on September 29, 2023. (Jemmott Decl. ¶ 2, Exh. 1.) Plaintiff has not provided responses despite previous representations to do so.[1] Therefore, because responses have not been served, the motion to compel is granted.

Cross-Defendant also requests $1,811.65 in monetary sanctions against Plaintiff. This represents an hourly rate of $250 and the $61.65 filing fee. (Id. ¶ 10–11.) The Court finds sanctions are warranted because Plaintiff has failed to respond. However, the amount is excessive given that no opposition was filed. Therefore, the Court awards sanctions in the amount of $311.65 (1 hour of attorney time to file and appear at the hearing, plus the filing fee). 

CONCLUSION AND ORDER

Accordingly, Cross-Defendant’s Motion to Compel Requests for Production of Documents, Special Interrogatories, and Form Interrogatories is GRANTED. Plaintiff Sol Kim shall provide verified responses, without objection, within 30 days.

The Court further GRANTS Cross-Defendant’s request for monetary sanctions against Plaintiff in the reduced amount of $311.65. Said monetary sanctions are to be paid to counsel for Cross-Defendant within 30 days of the date of this order.

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