Judge: Daniel S. Murphy, Case: 23STCV16957, Date: 2025-01-31 Tentative Ruling

Case Number: 23STCV16957    Hearing Date: January 31, 2025    Dept: 32

BACKGROUND

            On July 20, 2023, Plaintiff Theron Hill filed this employment discrimination action against Defendant County of Los Angeles.

            On December 23, 2024, Defendant filed the instant six motions to compel responses to its discovery requests and to deem matters admitted. Plaintiff has not filed an opposition.

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

            Defendant served the subject discovery requests on May 16, 2024. (Chmura Decl. ¶ 3.) Plaintiff did not serve responses by the deadline of June 18, 2024. (Id., ¶ 4.) Defense counsel met and conferred with Plaintiff’s counsel, who stated that he was unable to contact Plaintiff. (Id., ¶ 6.) Plaintiff’s counsel was relieved as counsel on August 30, 2024. Defendant then attempted to meet and confer with Plaintiff in writing and telephonically. (Id., ¶¶ 7-8.) These facts show that Plaintiff has evaded responding to discovery. Thus, an order is warranted.

            Sanctions are also warranted for Plaintiff’s unjustified failure to respond to discovery. Defense counsel reasonably claims a rate of $350 per hour. (Chmura Decl. ¶ 11.) However, the six hours claimed for each motion are excessive given the simplicity and duplicative nature of the motions. The Court finds that 3 hours total is reasonable. Thus, sanctions are awarded in the amount of $1,050.

CONCLUSION

Defendant’s motions to compel responses and deem matters admitted are GRANTED.

Plaintiff shall provide further responses to the subject interrogatories and requests for production within 20 days of this order.

The matters in the requests for admission are deemed admitted, unless Plaintiff serves substantially compliant responses before the hearing on the motion.

            The Court sanctions Plaintiff in the amount of $1,050, to be paid within 30 days of this order.