Judge: Daniel M. Crowley, Case: 21STCV32439, Date: 2023-02-16 Tentative Ruling

Case Number: 21STCV32439    Hearing Date: February 16, 2023    Dept: 28

Plaintiff Judith Harrison's Motion to Compel Responses to Form Interrogatories; Plaintiff Judith Harrison’s Motion to Compel Responses to Special Interrogatories; Plaintiff Judith Harrison’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 September 1, 2021, Plaintiffs Judith Harrison (“Harrison”) and Sara Nicholle (“Nicholle”) filed this action against Defendants Bestway Sandwiches, Inc. (“Bestway”), U-Haul Business Consultants, Inc. (“UHBC”), U-Haul Co. Of California (“UHCA”) and Pedro Nazario (“Nazario”) for motor vehicle negligence and general negligence.

On December 3, 2021, Bestway and Nazario filed an answer.  

On October 3, 2022, Harrison filed Motions to Compel Discovery Responses to be heard on December 28, 2022. The Court continued the hearing on the motion to February 15, 2023. On February 3, 2023, Nazario filed an opposition. On February 8, 2023, Harrison filed a reply.

Trial is currently scheduled for March 14, 2023.

PARTY’S REQUESTS

Harrison requests the Court grant the motions to compel discovery. Plaintiff also requests the Court impose sanctions totaling $460.00 for each motion.

Nazario requests the Court deny the motion.

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

On June 23, 2022, Harrison served discovery on Nazario. Responses were due July 26, 2022. Nazario did not serve responses prior to the filing of this motion. Since then, Nazario served unverified responses.

Nazario’s counsel claims that Nazario was deported to Mexico in 2022. Counsel has spent six months attempting to contact Nazario but have yet to locate him.

Regardless of Nazario’s circumstances, Harrison is entitled to timely discovery responses; Nazario failed to provide said discovery responses. The Court grants the motion.

The Court also grants monetary sanctions. Although counsel was unable to provide timely responses as counsel cannot locate Nazario, Harrison still was entitled to timely discovery responses. By failing to provide timely, code-compliant responses, Nazario has misused the discovery process. However, the Court will impose sanctions only on Nazario, as Nazario is currently uncontactable by counsel.

Harrison requests sanctions of $460.00 for each motion, based upon 1 hours of attorney’s work, at a rate of $400.00 per hour, and one $60.00 filling fee. All three motions are substantially similar and are being heard concurrently. Based on the above, the Court awards sanctions totaling $780.00 across all motions, based upon 3 hours of attorney’s work at a reasonable rate of $200.00, and 3 $60.00 filling fees.

CONCLUSION

Plaintiff Judith Harrison's Motion to Compel Responses to Form Interrogatories is GRANTED. Nazario is ordered to provide verified, code-compliant responses within 30 days of the hearing on the motion.

Plaintiff Judith Harrison’s Motion to Compel Responses to Special Interrogatories is GRANTED. Nazario is ordered to provide verified, code-compliant responses within 30 days of the hearing on the motion.

Plaintiff Judith Harrison’s Motion to Compel Responses to Request for Production of Documents is GRANTED. Nazario is ordered to provide verified, code-compliant responses within 30 days of the hearing on the motion.

Plaintiff Judith Harrison’s Request for Sanctions is GRANTED. Nazario is ordered to pay Harrison $780.00 in sanctions within 30 days of the hearing on the motion.

            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.