Judge: Colin Leis, Case: 22STCV35846, Date: 2024-03-18 Tentative Ruling

Case Number: 22STCV35846    Hearing Date: March 18, 2024    Dept: 74

Queen Williams v. Corey Flournoy Williams

Defendant Corey Flournoy William’s Motion to Compel Plaintiff Queen William’s Responses to Form Interrogatories (Set One) and Request for Sanctions

BACKGROUND 

            This action arises from a property dispute.

            On November 10, 2022, Plaintiff Queen Williams (Plaintiff) filed a complaint against Defendant Corey Flournoy Williams (Defendant). In the complaint, Plaintiff alleges the following causes of action: (1) financial elder abuse, (2) conversion, (3) unjust enrichment, (4) cancellation of instrument, (5) cancellation of instrument, (6) quiet title, (7) quiet title, (8) violation of Tom Bane Civil Rights Act, (9) violation of Civil Code Section 789.3, and (10) wrongful eviction.

            On October 27, 2023, Defendant served Plaintiff with form interrogatories (set one) by mail and email. (Chen Decl., ¶ 4.) Plaintiff’s daughter acknowledged receipt of the discovery by email but told Defendant’s counsel that the email address did not belong to Plaintiff. (Chen Decl., ¶ 6.) Plaintiff’s daughter later asked Defendant’s counsel to send all documents to her via the same email address. (Chen Decl., ¶ 12.)

            On December 22, 2023, Defendant’s counsel called Plaintiff about her failure to respond to the interrogatories. Plaintiff confirmed her mailing address but claimed she had not received the interrogatories. (Chen Decl., ¶ 9.)

            On January 19, 2024, Defendant had the interrogatories personally delivered to Plaintiff’s address. (Chen Decl., ¶ 10; Ex. F.)

            On January 31, 2024, Defendant’s counsel sent a letter to Plaintiff regarding her failure to respond to the interrogatories. (Chen Decl., ¶ 11.)

            To date, Plaintiff has not provided responses to the interrogatories.

            On February 16, 2024, Defendant filed this motion to compel Plaintiff’s responses to the form interrogatories.

LEGAL STANDARD

¿¿            If a party to whom interrogatories or an inspection demand were directed fails to serve a timely response, the propounding party may move for an order compelling responses without objections. (Code Civ. Proc., §§ 2030.290, subd. (b), 2031.300, subd. (b).) Moreover, failure to timely serve responses waives objections to the requests. (Code Civ. Proc., §§ 2030.290, subd. (a), 2031.300, subd. (a).) Failure to verify a response is equivalent to no response at all. (Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 636.) 

DISCUSSION 

            The court grants Defendant’s motion to compel Plaintiff’s responses to the form interrogatories. Defendant has persuaded the court that Plaintiff has received the discovery at issue. On October 27, 2023, Defendant mailed the interrogatories to Plaintiff’s confirmed mailing address. (Chen Decl., ¶¶ 4, 9.) That same day, Defendant emailed the interrogatories to Plaintiff’s daughter, who has expressed that all documents should be emailed to her. (Chen Decl., ¶¶ 4, 6, 12.) In addition, Defendant had the interrogatories personally delivered to Plaintiff’s confirmed address on January 19, 2024. (Chen Decl., ¶¶ 9, 10.) Moreover, Plaintiff has provided no evidence to the contrary in a timely opposition. Given Plaintiff’s failure to timely respond, the court grants Defendant’s motion.

            As the prevailing party, Defendant is entitled to sanctions. (Code Civ. Proc., § 290, subd. (c).) Moreover, Plaintiff has not demonstrated she acted with substantial justification in a timely opposition. The court finds Defendant’s counsel’s proposed hourly rate reasonable, and he has substantiated his request for attorney fees with a breakdown of work performed. (Chen Decl., ¶ 14.) Accordingly, the court will award Defendant’s counsel $1,981.15 ($350/hr x 3 hrs + $61.65).

CONCLUSION 

The court grants Defendant’s motion to compel responses to form interrogatories (set one) and request for sanctions. Plaintiff shall serve complete verified responses without objections to Form Interrogatory Nos. 1.0-17.1 within 10 days of this order. Plaintiff shall pay $1,111.65 in attorney’s fees as discovery sanctions to Defendant’s counsel within 30 days of this order.

Defendant shall give notice.