Judge: Armen Tamzarian, Case: 24STCV15400, Date: 2024-10-10 Tentative Ruling

Case Number: 24STCV15400    Hearing Date: October 10, 2024    Dept: 52

Plaintiff Carlos Aaron Medrano’s Motions to Compel Responses to Form Interrogatories and Special Interrogatories

            Plaintiff Carlos Aaron Medrano moves to compel defendant Shailah Lela Collins to respond to form interrogatories – general, set one, and special interrogatories, set one.  When the responding party fails to serve a timely response to interrogatories, the propounding party may move for an order compelling responses.  (CCP § 2030.290(b).)  Failing to serve a timely response also results in waiving any objections.  (Id., subd. (a).)  

            Plaintiff is entitled to orders compelling defendant to respond to his form and special interrogatories.  Plaintiff served the interrogatories by mail on defendant on July 19, 2024.  (Whittemore Decls., ¶ 5, Ex. A.)  Responses were due by August 23, 2024.  Defendant had not served any responses as of September 1, when plaintiff served and filed these motions.  (Id., ¶ 8.)  Defendant did not serve a timely response to form interrogatories – general, set one, or special interrogatories, set one.  Defendant therefore waived any objections to them.

Sanctions

In each motion, plaintiff moves for $960 in sanctions against defendant and her counsel of record.  Failing to respond to an authorized method of discovery is a misuse of the discovery process subject to monetary sanctions.  (CCP § 2023.010(d).)  Defendant did not respond to authorized discovery.  The court finds defendant did not act with substantial justification.  Sanctions are just under the circumstances. 

 Plaintiff did not, however, reasonably incur $960 in expenses for each motion.  That amount includes 0.5 hours at $450 per hour to draft a reply brief and 0.5 hours to prepare for and attend the hearing.  (Whittemore Decls., ¶ 9.)  Defendant did not file oppositions.  Plaintiff did not file reply briefs.  The court therefore will reduce the sanctions by $225 for each motion.  Moreover, both motions are being heard at the same time.  The court will therefore award sanctions of 0.25 hours ($112.50) on each motion for time spent preparing for and attending the hearing.  Plaintiff reasonably incurred $562.50 in attorney fees plus the $60 filing fee on each motion.

Disposition

            Plaintiff Carlos Aaron Medrano’s motion to compel defendant Shailah Lela Collins to respond to form interrogatories – general, set one, is granted.  Defendant

Shailah Lela Collins is ordered to serve verified responses without objections to form interrogatories – general, set one, within 30 days.  Defendant Collins and her counsel of record, the Law Offices of Johnson, Alvarez, Zakarian, Ferraris & Cadena are ordered to pay plaintiff $622.50 in sanctions within 30 days. 

            Plaintiff Carlos Aaron Medrano’s motion to compel defendant Shailah Lela Collins to respond to special interrogatories, set one, is granted.  Defendant Shailah Lela Collins is ordered to serve verified responses without objections to special interrogatories, set one, within 30 days.  Defendant Collins and her counsel of record, the Law Offices of Johnson, Alvarez, Zakarian, Ferraris & Cadena are ordered to pay plaintiff $622.50 in sanctions within 30 days.         

Defendant Collins and her counsel of record, the Law Offices of Johnson, Alvarez, Zakarian, Ferraris & Cadena, are jointly and severally liable for all sanctions.