Judge: Anne Hwang, Case: 22STCV18590, Date: 2023-11-06 Tentative Ruling

Case Number: 22STCV18590    Hearing Date: November 6, 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

            Plaintiffs Russel Velez Yang and Teresita Yang Trust (Plaintiffs), move to Compel Defendant Teresa Hernandez Perez’s (Defendant) Response to Form Interrogatories, Set Two. Plaintiffs also seek monetary sanctions. Defendant has not filed an opposition.

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

Here, Plaintiffs represent that they served Form Interrogatories, Set Two on Defendant on June 9, 2023. (Dunham Decl. ¶ 3, Exh. 1.) The responses were due on July 21, 2023. (Id. ¶ 4.) Defendant has not responded and has not filed an opposition to these motions. Therefore, the motions to compel are granted. 

Plaintiffs also request $1560.00 in monetary sanctions against Defendant and her attorney of record, representing an hourly rate of $300.00 for 3 hours preparing each motion, 1 hour reviewing the opposition and drafting the reply, 1 hour to attend the hearing, and the $60.00 filing fee. The Court finds sanctions are warranted because Defendant has failed to respond. However, the amount requested is excessive due to the type of motion at issue and the fact no opposition was filed. Therefore, the Court awards sanctions in the amount of $720.00 (2 hours of attorney time to file and appear at hearing, plus the $60 filing fee for each motion).           

CONCLUSION AND ORDER

Accordingly, Plaintiffs’ Motions to Compel Form Interrogatories, Set Two are GRANTED. Defendant Teresa Hernandez Perez shall provide verified responses, without objection, within 30 days.

The Court further GRANTS Plaintiffs’ request for monetary sanctions against Defendant and her counsel of record, jointly and severally, in the reduced amount of $720.00. Said monetary sanctions are to be paid to counsel for Plaintiffs within 30 days of the date of this order.

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