Judge: Daniel S. Murphy, Case: 24STCV04475, Date: 2025-01-08 Tentative Ruling

Case Number: 24STCV04475    Hearing Date: January 8, 2025    Dept: 32

BACKGROUND

            On February 22, 2024, Plaintiff William R. Hess filed this negligence action against Defendant Moosa Moadel stemming from an auto accident.

            On November 12, 2024, Defendant filed the instant three motions to compel responses to interrogatories and requests for production. 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 on April 16, 2024. (Mahlstedt Decl. ¶ 6.) Plaintiff has not served responses to date. (Id., ¶ 12.) Thus, an order compelling the responses is warranted.

Defendant is also entitled to sanctions as Plaintiff provides no substantial justification. Defense counsel claims a reasonable hourly rate of $250. (See Mahlstedt Decl. ¶ 9.) Given the simplicity and identical nature of the motions, the Court finds 2 hours to be reasonable for all three motions. Defendant additionally incurred $180 in filing fees. (Id., ¶ 10.) Thus, the Court awards $680 in total.

CONCLUSION

            Defendant’s motion to compel responses is GRANTED. Plaintiff shall provide responses to the subject discovery within 15 days of this order. The Court sanctions Plaintiff and his counsel in the total amount of $680, to be paid within 30 days of this order.