Judge: Barbara M. Scheper, Case: 22STCV17176, Date: 2023-01-09 Tentative Ruling
Case Number: 22STCV17176 Hearing Date: January 9, 2023 Dept: 30
Calendar No.
All State Cash Offers, LLC, et. al. vs. Pacific
Specialty Insurance Co., et. al.,
Case No. 22STCV17176
Tentative Ruling re: Defendant’s Motions to Compel Discovery
Responses
On August 29, 2022, Defendant
Pacific Specialty Insurance Company (Defendant) propounded the Form
Interrogatories (Set One) and Form Interrogatories (Set Two) on Plaintiff All
State Cash Offers, LLC. (Torres Decl. ¶ 3, Ex. A.) Plaintiff did not request an
extension of time to respond and did not serve responses by the deadline of
October 3, 2022. (Torres Decl. ¶ 5.) Defendant had not received responses as of
the filing of the motions on December 12, 2022. (Torres Decl. ¶ 8.)
Plaintiff’s counsel states in the
Opposition that Plaintiff has since responded to both sets of discovery. (Sales
Decl. ¶ 2.) Accordingly, the motion to compel is now moot.
“The
court may impose a monetary sanction ordering that one engaging in the misuse
of the discovery process, or any attorney advising that conduct, or both pay
the reasonable expenses, including attorney’s fees, incurred by anyone as a
result of that conduct.” (Code Civ. Proc. § 2023.030, subd. (a).) Misuses of
the discovery process include “[f]ailing to respond or to submit to an
authorized method of discovery.” (Code Civ. Proc. § 2023.010, subd. (d).)
“The
court may award sanctions under the Discovery Act in favor of a party who files
a motion to compel discovery, even though . . . the requested discovery was
provided to the moving party after the motion was filed.” (Rules of Court, Rule
3.1348.)
The
Court finds that monetary sanctions against Plaintiff and its counsel are
warranted for its failure to timely respond. For each of the two motions,
Defendant requests sanctions in the amount of $892.50, based on an hourly rate
of $185, for 2 hours to draft the motion, 1.5 hours to review the opposition
and draft a reply, and 1 hour to appear at the hearing, plus filing costs of
$60. Plaintiffs and Plaintiffs’ counsel are ordered to pay Defendant’s counsel
$1,785.00 within thirty (30) days of today’s date.