Judge: Cherol J. Nellon, Case: 24STCV03502, Date: 2024-12-05 Tentative Ruling

Case Number: 24STCV03502    Hearing Date: December 5, 2024    Dept: 14

#11

Case Background

This is an action for negligence. Plaintiff alleges Defendant negligently drove his vehicle and caused an accident involving Plaintiff.

On February 13, 2024, Plaintiff Junior Blake filed his Complaint against Roberto Corzo.

On September 16, 2024, Defendant filed these motions to compel discovery and to compel Plaintiff’s deposition.

Instant Pleading

Defendant moves to compel Plaintiff’s responses to form interrogatories (FROGs), special interrogatories (SROGs), and requests for production (RPDs). Defendant also moves to compel Plaintiff’s deposition.

Decision

Defendant’s motions to compel Plaintiff’s responses to FROGs, SROGs, and RPDs are GRANTED.

Defendant’s motion to compel Plaintiff’s deposition is DENIED.

The Court awards Defendant $510 in sanctions for 3 hours of attorney time at a rate of $150 per hour and $60 in filing fees.

Discussion

Motions to Compel Discovery

Defendant’s counsel alleges that she served requests for written discovery and on Plaintiff on May 10, 2024 and received no responses as of the date these motions were filed. (Hanna Decl. Motions to Compel Discovery, ¶¶3-5.) Defendant’s counsel sent a letter to Plaintiff’s counsel requesting responses and received no response. (Id.)

Defendant’s motions to compel Plaintiff’s responses to FROGs, SROGs, and RPDs are GRANTED because Plaintiff failed to serve timely responses to Defendant’s discovery requests.

Plaintiff’s failure to serve timely responses constitutes sanctionable discovery abuse under Code Civ. Proc., section 2023.010, subd. (d). Plaintiff’s request for sanctions is GRANTED in the reduced amount of $510 for three hours of attorney time at a rate of $150 per hour and $60 in filing fees. The Court finds that a billing rate of $150 per hour is reasonable given that the motions are uncomplicated and unopposed. 

Motions to Compel Deposition

Defendant’s counsel served a deposition notice on Plaintiff’s counsel on May 16, 2024, setting a deposition on September 10, 2024. (Hanna Decl. Motion to Compel Deposition, ¶3.) In August 2024, Plaintiff requested the deposition be taken off calendar while the case was being transferred to a different handling attorney. (Id., ¶4.) Thereafter, Defendant received no new dates for the deposition. (Id., ¶5.)

If, after service of a deposition notice, a party fails to appear for examination oar proceed with it, a party may move for an order to compel the deponent’s attendance. (Code Civ. Proc., section 2025.450(a).) A motion to compel the deposition of a party deponent must be accompanied by a meet and confer declaration. (Code Civ. Proc., section 2025.450.)

Here, the parties’ communications show that Plaintiff’s original counsel, Paul Kingston, suffered a stroke. (Motion to Compel Deposition, Exh. B.) Kingston’s office requested an extension to respond to discovery and to take the deposition off calendar to allow Kingston to find a new attorney to substitute in. (Id.) Defendant’s email agreeing to take the deposition off calendar did not request new dates. (Id.)

There is no evidence that Defendant’s counsel attempted to meet and confer to reschedule Plaintiff’s deposition. Because Defendant failed to meet and confer prior to filing this motion, the motion is DENIED.

Conclusion

Defendant’s motions to compel Plaintiff’s responses to FROGs, SROGs, and RPDs are GRANTED. Defendant’s motion to compel Plaintiff’s deposition is DENIED. The Court awards Defendant $510 in sanctions for 3 hours of attorney time at a rate of $150 per hour and $60 in filing fees.  Sanctions and fees are to be paid within 30 days of notice of the Court’s order.