Judge: Colin Leis, Case: 24STCV07594, Date: 2024-10-09 Tentative Ruling

Case Number: 24STCV07594    Hearing Date: October 9, 2024    Dept: 74

Jianing Lui v. Luke Judge et al.

Plaintiff Jianing Liu’s Motion to Compel Response to Form Interrogatories and Produce Documents.

BACKGROUND 

            This motion arises from an unlawful detainer action.

On July 12, 2024, Plaintiff propounded requests for admissions, requests for form interrogatories, and requests for production of documents. Responses were due July 22, 2024.

            An extension was requested for July 29, 2024, and was granted to July 23, 2024.

            On August 1, 2024, Plaintiff sent a “meet-and-confer” letter to Defendant for failure to provide responses.

            As of filing the Motion on August 19, 2024, Plaintiff has not received responses.

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).) Failure to timely serve responses waives objections to the requests. (Code Civ. Proc., §§ 2030.290, subd. (a), 2031.300, subd. (a).)  A timely response for requests for production and form interrogatories in unlawful detainer proceedings is five days after they are served.  (Code Civ. Proc. §§ 2030.26, 2031.26.) 

DISCUSSION 

            The Court grants the motions because Plaintiff has failed to provide timely responses to the Form Interrogatories and the Request for Documents.  Because Defendant has not provided any substantial justification for Defendant’s failure to respond, sanctions are warranted.  (Code Civ. Proc. §§ 2030.300, 2031.300.)  Plaintiff’s proposed hourly rate of $350 is reasonable.  For each motion, Plaintiff requests two hours to prepare the motion and two hours to attend the hearing. The court reduces the reasonable time to one hour to attend the hearing on the motions and awards attorney’s fees for 5 hours of work in total.  The Court also awards $120.00 in fees per motion.

CONCLUSION 

The court grants Plaintiff’s motion to compel responses to form interrogatories and motion to compel production of documents.  Plaintiff shall provide responsive documents and Code-compliant responses without objections within five days of this order.  The court awards $1,870 in sanctions against Defendant, which Defendant shall pay to Plaintiff’s counsel within 30 days of this order.

Plaintiff shall give notice.