Judge: Cherol J. Nellon, Case: 21STCV20770, Date: 2023-04-12 Tentative Ruling

Case Number: 21STCV20770    Hearing Date: April 12, 2023    Dept: 28

Ruling on Defendant’s Unopposed Motion to Compel Responses to Form Interrogatories, Special Interrogatories, and Requests for Production

            Having reviewed Defendant’s unopposed Motions to Compel Responses to Form Interrogatories, Special Interrogatories, and Requests for Production, the Court rules as follows.

            On June 17, 2022, Defendant, Izamar Hernandez served

¿          Form Interrogatories, Set No. One

¿          Special Interrogatories, Set No. One

¿          Requests for Production, Set No. One

on Plaintiff, V’Santi Tobey.

            Responses were due by July 19, 2022. Plaintiff’s counsel requested five extensions and eventually agreed to file responses by September 25, 2022. As of the date of filing this motion, Plaintiff had failed to provide timely responses. However, after filing this motion, Defendant has filed a supplemental declaration stating that Plaintiff provided responses on November 22, 2022. (Muhtaseb Decl., ¶ 2.) Although responses have been served, Defendant still wishes the motion to be heard with respect to Defendant’s sanctions request.

Defendant requests monetary sanctions totaling $780.00 for the three motions. A motion to compel may be heard even if tardy responses are served after the motion is filed, and the court may award sanctions for the failure to timely respond. (Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 404.)  

            The Court awards sanctions pursuant to

            ¿ Code of Civ. Proc. § 2023.010 (d)

¿ Code of Civ. Proc. § 2030.290 (c)

¿ Code of Civ. Proc. § 2031.300 (c)

in the amount of $780.00, calculated as follows: 2 hours (0.5 hours for the motion to compel responses to form interrogatories, 0.5 hours for the motion to compel responses to special interrogatories, and 1 hour for the motion to compel responses to demand for production) at a reasonable rate of $300 per hour, plus $180 in filing fees.

The sanctions are payable within 20 days of this order against Plaintiff and his counsel.

Moving Party is to give notice of this ruling.