Judge: Daniel M. Crowley, Case: 22STCV27499, Date: 2022-12-16 Tentative Ruling

Case Number: 22STCV27499    Hearing Date: December 16, 2022    Dept: 28

Case Name: 21st Century Insurance Company v. Doug Mechaber
Hearing Date: December 16, 2022
Case No.: 22STCV27499

 

Ruling on Respondent 21st Century Insurance Company’s Unopposed Motions to Compel Responses to Form Interrogatories, Special Interrogatories and Request for Production, and to Deem Request for Admissions Admitted.

            Having reviewed Respondent 21st Century Insurance Company’s unopposed Motions to Compel Responses to Form Interrogatories, Special Interrogatories, and Request for Production of Documents, and to Deem Request for Admissions Admitted, the Court rules as follows.

            On May 12, 2020, Respondent 21st Century Insurance Company served Form Interrogatories, Set No. One, Special Interrogatories, Set No. One, and Request for Production of Documents, Set No. One, on Claimant Doug Mechaber.

On March 18, 2021, Respondent 21st Century Insurance Company served Form Interrogatories, Set No. Two and Request for Admissions, Set One, on Claimant Doug Mechaber.

            Respondent never served discovery responses. Claimant Doug Mechaber has failed to provide timely responses. Respondent 21st Century Insurance Company now moves to compel code-compliant responses and deem the requests for admissions admitted.

            The Court grants the motions to compel responses to the form and special interrogatories pursuant to Code of Civ. Proc. § 2030.290(b) and orders Claimant Doug Mechaber to provide verified responses to the interrogatories compliant with Code of Civ. Proc. §§ 2030.210 (a) and 2030.220 without objections by December 26, 2022. The Court grants the motion to deem requests for admission admitted pursuant to Code of Civ. Proc. § 2033.280 and deems the requests to be admitted. The Court grants the motion to compel responses to the request for production and production of items pursuant to Code of Civ. Proc. § 2031.300 and orders Claimant Doug Mechaber to provide verified responses pursuant to Code of Civ. Proc. § 2031.210 and to produce the documents, electronically stored information, and/or other things requested without objections by December 26, 2022.

 

Respondent 21st Century Insurance Company requests monetary sanctions totaling $1,260.00.

The Court awards sanctions pursuant to Code of Civ. Proc. § 2023.030 (a), Code of Civ. Proc. § 2030.290 (c), Code of Civ. Proc. § 2033.280 (c) and Code of Civ. Proc. § 2031.300 (c) in the amount of $1,260.00, calculated as follows:

Defendant requests $1,260.00 across all motions, based upon 8 hours of attorney’s work at a rate of $120.00 per hour, and 5 $60.00 filling fees. The Court finds the request reasonable and grants it in full.

The sanctions total $1,260.00 and are payable by Claimant Doug Mechaber and his counsel by January 16, 2022.

Moving Party is to give notice of this ruling.