Judge: Daniel M. Crowley, Case: 19STCV46120, Date: 2022-08-16 Tentative Ruling

Case Number: 19STCV46120    Hearing Date: August 16, 2022    Dept: 28

Defendant Union Pacific Railroad’s Motion to Deem Request for Admissions Admitted; Defendant Union Pacific Railroad’s Motion to Compel Responses to Form Interrogatories and Special Interrogatories; Defendant Union Pacific Railroad’s Motion to Compel Responses to Request for Production of Documents.

Having considered the moving, opposing, and reply papers, the Court rules as follows. 

BACKGROUND

On December 19, 2019, Plaintiff Erick Melara (“Plaintiff”) filed this action against Defendants David Higuera (“Higuera”) and Union Pacific Railroad (“UPR”) for negligence, negligence per se, vicarious liability, negligent entrustment of a motor vehicle and negligent hiring, retention, supervision and training.

On June 17, 2021, the Court dismissed the case. The Court vacated the dismissal on August 6, 2021.

On October 12, 2021, UPR filed an answer. Higuera filed his answer on February 28, 2022.

On May 17, 2022, UPR filed Motions to Compel Discovery Responses and Deem Request for Admissions Admitted, set to be heard on August 16, 2022. On July 25, 2022, Plaintiff filed an opposition. On August 9, 2022, UPR filed a reply.

Trial is currently scheduled for December 20, 2022.

PARTY’S REQUESTS

UPR requests the Court order Plaintiff to provide verified responses to UPR’s form interrogatories, special interrogatories and request for production of documents within 14 days of the hearing on this motion.  UPR also requests the Court to deem requests for admission admitted.

Plaintiff requests the Court not order sanctions and deny the motions.

LEGAL STANDARD

Under California Code of Civil Procedure § 2031.300, “If a party to whom a demand for inspection, copying, testing, or sampling is directed fails to serve a timely response to it, the following rules shall apply: (b) The party making the demand may move for an order compelling response to the demand.” According to CCP § 2030.260, for a response to interrogatories to be timely, it must be served within 30 days of service.  CCP § 2031.260 provides the same 30-day deadline for request for production responses.

California Code of Civil Procedure § 2023.030(a) provides that “[t]he 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.” According to CCP §2023.010(d), misuse of the discovery process includes “failing to respond or to submit to an authorized method of discovery.”

California Code of Civil Procedure § 2030.290(c) states that “the court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a response to interrogatories, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.”

DISCUSSION

Discovery

UPR served discovery on Plaintiff of February 10, 2022. Responses were due on March 16, 2022. As of the date of filing this motion, no responses to the interrogatories had been served. Plaintiff served unverified responses to UPR on May 5, 2022.

Plaintiff states that it served verified responses prior to the hearing on this motion. Additionally, Plaintiff argues that sanctions should not be awarded as the failure to serve earlier was due to excusable neglect as the “plaintiff’s train expert is waiting on the discovery responses from defendant.” The Court is unsure what this has to do with any delay to the discovery process—Plaintiff could have easily served timely responses or requested an extension, noting that they were awaiting information from an expert, if that was the issue. Otherwise, if Plaintiff believes Defendant’s discovery responses are untimely, Plaintiff needs to file Plaintiff’s own motion. The Court will still award sanctions as Plaintiff’s failed to serve discovery responses in a timely manner.

In reviewing Plaintiff’s responses, the Court notes that there are no verifications submitted. All discovery responses are signed by Plaintiff’s attorney and not actually by Plaintiff. As such, the Court will grant the motion.

Sanctions

UPR seeks sanctions totaling $5,340.00 for the Motion to Compel Form and Special Interrogatories, based upon 5.7 hours of attorney’s work, at a rate of $400.00 per hour, $3,000.00 in mediation fees, and $60.00 in filling fees. The Court will not award sanctions based on mediation fees. Should parties have felt mediation would be unproductive, either party could have canceled the mediation and waited until motions to compel discovery were heard. These requested sanctions are not reasonable. Attorney’s work was spent meeting and conferring, preparing the motion, and appearing at mediation. The Court will not award fees based upon time spent meet and conferring or going to mediation. Finally, the Court notes that this motion was incorrectly filed as one motion instead of two, as it concerns two sets of written discovery. Thus, the Court awards sanctions totaling $920.00, based upon 2 hours of attorney’s work. UPR is ordered to pay one additional $60.00 filling fee.

UPR seeks sanctions totaling $1,140.00 for the Motion to Deem RFA Admitted. This is based upon 2.7 hours of attorney’s work; as this motion is substantially similar and being heard concurrently with UPR’s other motions, the Court awards $460.00 in sanctions, based upon 1 hour of attorney’s work.

UPR seeks sanctions totaling $1,200.00 for the Motion to Compel Request for Production of Documents. This is based upon 3 hours of attorney’s work; as this motion is substantially similar and being heard concurrently with UPR’s other motions, the Court awards $460.00 in sanctions, based upon 1 hour of attorney’s work.

CONCLUSION

Defendant Union Pacific Railroad’s Motion to Deem Request for Admissions Admitted is GRANTED. The requested admissions are deemed admitted. Defendant Union Pacific Railroad’s Request for Sanctions is GRANTED. Plaintiff and Plaintiff’s attorney are ordered to pay Defendant $460.00 in sanctions within 30 days of the hearing on the motion.

Defendant Union Pacific Railroad’s Motion to Compel Responses to Form Interrogatories and Special Interrogatories is GRANTED. Plaintiff is ordered to provide verified, code compliant response, without objection, within 30 days of the hearing on this motion. Defendant Union Pacific Railroad’s Request for Sanctions is GRANTED. Plaintiff and Plaintiff’s attorney are ordered to pay Defendant $920.00 in sanctions within 30 days of the hearing on the motion.

Defendant Union Pacific Railroad’s Motion to Compel Responses to Request for Production of Documents is GRANTED. Plaintiff is ordered to provide verified, code compliant response, without objection, within 30 days of the hearing on this motion. Defendant Union Pacific Railroad’s Request for Sanctions is GRANTED. Plaintiff and Plaintiff’s attorney are ordered to pay Defendant $460.00 in sanctions within 30 days of the hearing on the motion.

Plaintiff is ordered to provide the ordered discovery responses within 45 days of the hearing on this motion.

UPR is ordered to pay one additional $60.00 filling fee to the Court.

            Moving party is ordered to give notice of this ruling.

Moving Party is ordered to file the proof of service of this ruling with the Court within five days.

The parties are directed to the header of this tentative ruling for further instructions.