Judge: Anne Hwang, Case: 23STCV13465, Date: 2024-01-18 Tentative Ruling

Case Number: 23STCV13465    Hearing Date: January 18, 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

            Plaintiff Jamie Merchain (Plaintiff) moves to compel Defendant Los Angeles Dodgers, LLC (Defendant) to serve full and complete answers to Form Interrogatories, Set One, Special Interrogatories, Set One, and Document Demands, Set One. Plaintiff also moves to deem admitted his Request for Admissions, Set One against Defendant. Plaintiff seeks monetary sanctions. Defendant opposes. Plaintiff replies.

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).)

Deem Admitted

Where there has been no timely response to a request for admission under Code of Civil Procedure section 2033.010, the propounding party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction.  (Code of Civ. Proc., § 2033.280, subd. (b).)  The party who failed to respond waives any objections to the demand, unless the court grants that party relief from the waiver, upon a showing that the party (1) has subsequently served a substantially compliant response, and (2) that the party’s failure to respond was the result of mistake, inadvertence, or excusable neglect.  (Code of Civ. Proc., § 2033.280, subds. (a)(1)-(2).)  The court “shall” grant a motion to deem admitted requests for admissions, “unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220.”  (Code of Civ. Proc., § 2033.280, subd. (c).) 

Where a party fails to provide a timely response to requests for admission, “[i]t is mandatory that the court impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion.”  (Code Civ. Proc., § 2033.280, subd. (c).)

DISCUSSION

Here, Plaintiff represents that he served Form Interrogatories, Set One, Special Interrogatories, Set One, Document Demands, Set One, and Request for Admissions, Set One on Defendant on July 28, 2023. (Koppelman Decl. ¶ 3, Exh. A–D.) Responses were due August 25, 2023. (Id. ¶ 12.) An extension was granted, without objections, for September 29, 2023. (Id. ¶ 13–14.)  Since then, no responses have been served. (Id. ¶ 19.)

In opposition, Defendant argues that it will serve responses before the hearing, rending the motions moot. In reply, Plaintiff asserts it will take the motions off calendar if responses are served.

 Therefore, because responses have not been served, the motions to compel and deem admitted will be granted if Plaintiff asserts at the hearing that verified responses were not served. Unverified discovery responses are tantamount to no response at all, and are subject to a motion to compel responses (rather than a motion to compel further responses).¿ (Appleton v. Superior Court (1988) 206 Cal. App. 3d 632, 635-36.)¿  

Plaintiff also requests $1,000.00 in monetary sanctions for each motion against Defendant, representing an hourly rate of $450.00 for 2 hours preparing each motion, 2 hours for the reply, and 1 hour for the hearing, plus the $61.65 filing fee.  Defendant argues there is no basis for sanctions if complete responses are served before the hearing. Defendant’s counsel appears to argue it did not respond to the discovery due to a separate trial throughout November 2023 and the fact it was moving offices during that time. (Opp., 2.) However, this does not explain why the outstanding discovery responses were not served in September 2023, after the extension was granted.

As a result, the Court finds sanctions are warranted because Defendant has failed to timely respond. However, the amount requested is excessive due to the type of motions at issue. Therefore, the Court awards sanctions in the amount of $2,209.95 (1.5 hours of attorney time to file the motion and reply, and appear at hearing, plus the $61.65 filing fee, for each of the three motions).[1]

CONCLUSION AND ORDER

Accordingly, Plaintiff’s Motion to Compel Form Interrogatories, Set One, Special Interrogatories, Set One, and Documents Demand, Set One is GRANTED. Defendant Los Angeles Dodgers, LLC shall provide verified responses, without objection, within 30 days.

The Court GRANTS Plaintiff’s motion to deem admitted Requests for Admission, Set One against Defendant.

The Court further GRANTS Plaintiff’s request for monetary sanctions against Defendant and its counsel of record, jointly and severally, in the reduced amount of $2,209.95. Said monetary sanctions are to be paid to counsel for Plaintiff within 30 days of the date of this order.

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