Judge: Anne Hwang, Case: 23STCV16590, Date: 2024-03-05 Tentative Ruling

Case Number: 23STCV16590    Hearing Date: March 5, 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

            Defendant Davidra Jewel Jackson (“Defendant”) moves to compel Plaintiff Jose Lozano’s (“Plaintiff”) responses to Form Interrogatories, Set One. 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

Defendant asserts that on October 27, 2023, Defendant served Form Interrogatories, Set One on Plaintiff. (Kelly Decl. ¶ 2, Exh. A.) Extensions to respond, without objections, were granted until January 8, 2024. (Id. ¶ 5.) As of the date of filing this motion, no responses have been served. (Id. ¶ 6.) Therefore, because Plaintiff does not oppose and verified responses have not been served, the motion to compel is granted.

            Defendant requests sanctions against Plaintiff for $960.[1] This amount appears to be based on an hourly rate of $200 and the $60 filing fee. Given the type of motion at issue, the fact no opposition was filed, and counsel can appear remotely at the hearing, the Court finds this amount is excessive and reduces it to $360.00 (1.5 hours of attorney time, plus the $60 filing fee).

CONCLUSION AND ORDER

Accordingly, Defendant’s Motion to compel is GRANTED. Plaintiff Jose Lozano shall serve properly verified responses, without objections, to Form Interrogatories, Set One, within 10 days.

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

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