Judge: Daniel S. Murphy, Case: 21STCV23557, Date: 2023-11-17 Tentative Ruling

Case Number: 21STCV23557    Hearing Date: January 17, 2024    Dept: 32

BACKGROUND

            On June 24, 2021, Plaintiff Daphna Alush filed this employment discrimination action against Defendant Deanco Healthcare, LLC dba Mission Community Hospital. The complaint alleges FEHA violations, wrongful termination in violation of public policy, breach of contract, and failure to pay wages. Plaintiff was allegedly mistreated based on her disability and denied bonuses owed to her.

            On December 19, 2023, Plaintiff filed the instant motion to compel Defendant to produce documents in accordance with its statements of compliance. Defendant has not filed an opposition.

LEGAL STANDARD

“If a party filing a response to a demand for inspection, copying, testing, or sampling . . . thereafter fails to permit the inspection, copying, testing, or sampling in accordance with that party’s statement of compliance, the demanding party may move for an order compelling compliance.” (Code Civ. Proc., § 2031.320(a).)

DISCUSSION

            Plaintiff served the subject Request for Production of Documents (Set Three) on September 20, 2023. (Lagstein Decl. ¶ 2.) On October 24, 2023, Defendant served its responses, which stated that Defendant would comply with RFP Nos. 50, 51, 53, 54, and 55. (Id., ¶ 3, Ex. 2.) Defense counsel also advised that they would send documents “by tomorrow.” (Id., Ex. 3.) To date, Defendant has not provided any responsive documents, despite a reminder from Plaintiff on November 22, 2023. (Id., ¶¶ 4-5.)    

            Defendant does not oppose the motion and therefore provides no substantial justification for its failure to produce documents in accordance with its own statements of compliance. Sanctions are warranted but not in the amount requested. Plaintiff’s counsel claims an unsubstantiated hourly rate of $1,000. (Lagstein Decl. ¶ 6.) Counsel avers that he spent 2 hours drafting the motion, which is reasonable. (Ibid.) Counsel claims an additional 2 hours to review the opposition and file a reply, which are unnecessary because there is no opposition. Therefore, the reasonable amount of sanctions is $860, representing 2 hours at $400 per hour, plus a $60 filing fee.

CONCLUSION

            Plaintiff’s motion to compel production is GRANTED. Within 10 days, Defendant shall produce documents responsive to RFP Nos. 50, 51, 53, 54, and 55. The Court sanctions Defendant and its counsel in the total amount of $860, to be paid within 30 days.