Judge: Daniel S. Murphy, Case: 23STCV24858, Date: 2024-05-22 Tentative Ruling

Case Number: 23STCV24858    Hearing Date: May 22, 2024    Dept: 32

BACKGROUND

            On October 11, 2023, Plaintiff Ronald Acito filed this action against Defendants Lance Soares Incorporated and Lance Soares, alleging wage violations and retaliation.

            On April 22, 2024, Plaintiff filed the instant four motions to compel further responses from Defendant Lance Soares Incorporated as to interrogatories, requests for admission, and requests for production. Defendant has not filed an opposition. All four motions are advanced and heard on this date (May 22, 2024).

LEGAL STANDARD

Upon receiving responses to its discovery requests, the propounding party may move for an order compelling further responses if the responses are incomplete or evasive, or objections are without merit or too general. (Code Civ. Proc., §§ 2030.300(a), 2031.310(a), 2033.290(a).)

MEET AND CONFER

A motion to compel further must be accompanied by a meet and confer declaration demonstrating an attempt to resolve the matter informally. (Code Civ. Proc., §§ 2030.300(b)(1), 2031.310(b), 2033.290(b).) The Court finds that Plaintiff has satisfied the meet and confer requirement. (See Camilleri Decl.)

DISCUSSION

            Plaintiff’s motions and separate statements set forth good cause for the requested information. Defendant’s responses interposed boilerplate objections which Defendant makes no attempt to substantiate. Defendant also provided evasive or incomplete responses and failed to produce documents in accordance with its statements of compliance. 

            As no substantial justification has been provided for Defendant’s failure to properly respond to discovery, monetary sanctions are warranted. Given the simplicity of the motions and lack of opposition, the reasonable time spent is 4 hours, and the reasonable rate is $400 per hour. Plaintiff also incurred $240 in filing fees. Therefore, sanctions are awarded in the amount of $1,840.

CONCLUSION

            Plaintiff’s motions to compel are GRANTED. Defendant Lance Soares Incorporated shall provide further responses to the subject discovery within 15 days of this order. The Court sanctions Defendant in the amount of $1,840, to be paid within 30 days of this order.