Judge: Daniel S. Murphy, Case: 21STCV44115, Date: 2023-08-30 Tentative Ruling

Case Number: 21STCV44115    Hearing Date: February 21, 2024    Dept: 32

BACKGROUND

            On December 3, 2021, Plaintiffs Gregory Kingston, Paul Kingston, Gail Kingston, and Victoria Kingston-Allen filed this action against Defendants The Estate of Robert Blaisch, The Estate of Kenneth Eldon, and State Farm Insurance Company. The operative First Amended Complaint, filed July 25, 2022, alleges (1) personal injury and property damage, (2) breach of contract, (3) breach of the implied covenant of good faith and fair dealing, and (4) bad faith denial of insurance coverage.

            Plaintiffs owned a duplex in Los Angeles, in which Robert Blaisch and Kenneth Eldon were tenants. The duplex burned down in a fire due to the alleged negligence of Blaisch and Eldon, who perished in the fire. Plaintiffs bring the first cause of action for personal and property damage against the estates of Blaisch and Eldon. Plaintiffs bring the second through fourth causes of action against State Farm for denying insurance coverage after the fire. State Farm was subsequently dismissed on summary judgment.

            On December 22, 2023, Defendant Estate of Kenneth Eldon filed the instant eight motions to compel Plaintiffs to respond to Form Interrogatories and Requests for Production. Plaintiffs have not filed any opposition. Initially, four of the motions were scheduled for February 21, 2024, and the other four were scheduled for February 23, 2024. Because the motions are substantively identical, all of the motions are advanced to February 21, 2024. This ruling concerns all eight motions.

LEGAL STANDARD

            Discovery responses are due 30 days after service of the requests, unless the parties stipulate or the court orders otherwise. (Code Civ. Proc., §§ 2030.260(a), 2031.260(a), 2033.250(a).) If a responding party fails to respond in time, the propounding party may move for an order compelling the responses or deeming matters admitted. (Id., §§ 2030.290(b), 2031.300(b), 2033.280(b).) The responding party also waives its objections. (Id., §§ 2030.290(a), 2031.300(a), 2033.280(a).)

DISCUSSION

            The subject discovery was served on July 31, 2023, making the response deadline September 5, 2023. (Hawkins Decl. ¶ 4.) However, Defendant granted an extension to September 20, 2023. (Id., ¶ 6.) After Plaintiffs missed the September 20, 2023 deadline, Defendant granted a second extension to October 11, 2023 on the condition that Plaintiffs provide verified responses without objection. (Id., ¶¶ 8-10.) After Plaintiffs missed the October 11, 2023 deadline, Defendant offered yet another extension to October 27, 2023. (Id., ¶¶ 11-13.) Plaintiffs did not provide responses by October 27, 2023 and have not provided any responses to date. (Id., ¶¶ 14, 16.)

            The record indicates that Plaintiffs were duly served with discovery and failed to respond within the deadline imposed by statute or the voluntary extensions granted by Defendant. Thus, a court order is needed to compel the responses. No substantial justification has been provided for Plaintiffs’ failure to respond to discovery. As such, monetary sanctions are warranted.

Defense counsel’s hourly rate is $205. (Hawkins Decl. ¶ 18.) Given the overlapping nature of the motions, their simplicity, and the lack of opposition, the reasonable number of hours for all motions collectively is 5 hours. Defendant also paid $480 in filing fees. (Id., ¶ 23.) Therefore, sanctions are awarded in the total amount of $1,505.  

CONCLUSION

            Defendant Estate of Kenneth Eldon’s motions to compel are GRANTED. Plaintiffs shall produce verified responses to the subject discovery within 15 days of this order. Objections are waived except as to privacy and privilege. The Court sanctions Plaintiffs and their counsel in the total amount of $1,505, to be paid within 30 days of this order.