Judge: Armen Tamzarian, Case: 23STCV07063, Date: 2024-06-07 Tentative Ruling

Case Number: 23STCV07063    Hearing Date: June 7, 2024    Dept: 52

Plaintiff Hayley Sipe’s Motions to Compel Responses Without Objections to Form Interrogatories, Special Interrogatories, and Requests for Production

            Plaintiff Hayley Sipe moves to compel defendant SXC Studio City, LLC (SXC) to respond without objections to form interrogatories – employment law, special interrogatories, and requests for production, set one.  When the responding party fails to timely respond to interrogatories or requests for production, the requesting party may move for an order compelling responses.  (CCP §§ 2030.290(b) [interrogatories], 2031.300(b) [requests for production].)  Failing to timely respond waives any objections.  (CCP §§ 2030.290(a), 2031.300(a).) 

            Plaintiff is entitled to orders compelling SXC to respond to these discovery requests.  Plaintiff served this discovery on February 1, 2024.  (Ranen Decls., ¶ 2, Ex. A.)  Responses were due March 5.  SXC had not served any responses as of April 24, 2024, when plaintiff filed these motions.  (Id., ¶ 13.)  SXC did not timely respond to form interrogatories, special interrogatories, and requests for production, set one.  SXC therefore waived any objections to them.

Sanctions

On each motion, plaintiff moves for $1,558.50 in sanctions against SXC and its counsel, Sina Law Group.  Failing to respond to an authorized method of discovery is a misuse of the discovery process subject to monetary sanctions.  (CCP § 2023.010(d).)  SXC did not respond to authorized discovery.  SXC did not act with substantial justification.  Sanctions are just under the circumstances. 

 Plaintiff did not, however, reasonably incur $1,558.50 in expenses for each motion.  That amount includes 0.5 hours to review the opposition and 1 hour to prepare a reply at $450 hourly.  (Palencia Decls., ¶ 2.)  SXC did not file any oppositions.  Plaintiff filed only notices of non-opposition, not reply briefs.  Plaintiff therefore reasonably incurred 1.83 hours of attorney fees ($823.50) plus the $60 filing fee on each motion.

Disposition

            Plaintiff Hayley Sipe’s motion to compel defendant SXC Studio City, LLC to respond without objections to form interrogatories – employment law, set one, is granted.  Defendant SXC Studio City, LLC is ordered to serve verified responses without objections to form interrogatories – employment law, set one, within 30 days.  Defendant SXC Studio City, LLC and its counsel Sina Law Group are ordered to pay plaintiff $883.50 within 30 days. 

Plaintiff Hayley Sipe’s motion to compel defendant SXC Studio City, LLC to respond without objections to special interrogatories, set one, is granted.  Defendant SXC Studio City, LLC is ordered to serve verified responses without objections to special interrogatories, set one, within 30 days.  Defendant SXC Studio City, LLC and its counsel Sina Law Group are ordered to pay plaintiff $883.50 within 30 days. 

            Plaintiff Hayley Sipe’s motion to compel defendant SXC Studio City, LLC to respond without objections to requests for production, set one, is granted.  Defendant SXC Studio City, LLC is ordered to serve verified responses without objections to requests for production, set one, within 30 days.  Defendant shall serve all responsive documents concurrently with its verified written responses.  Defendant SXC Studio City, LLC and its counsel Sina Law Group are ordered to pay plaintiff $883.50 within 30 days. 

Defendant SXC Studio City, LLC and its counsel, Sina Law Group, are jointly and severally liable for all sanctions.