Judge: David B. Gelfound, Case: 23CHCV01091, Date: 2024-03-18 Tentative Ruling

Case Number: 23CHCV01091    Hearing Date: March 18, 2024    Dept: F49

LOS ANGELES SUPERIOR COURT

NORTH VALLEY DISTRICT

DEPARTMENT F49

MOTION TO COMPEL DEFENDANT JOSE ROBERTO GONZALEZ DBA JRG TRUCKING’S RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS, SET ONE, AND REQUEST FOR SANCTIONS

Motion filed: 2/13/24

MOVING PARTY: Plaintiff Hugo Moisa-Archila (“Plaintiff”) 

RESPONDING PARTY: Defendant Jose Roberto Gonzalez dba JRG Trucking (“Gonzalez”) 

NOTICE: ok 

RELIEF REQUESTED: An order compelling Defendant to provide responses, without objections, to Plaintiff’s Request for Production of Documents and Things, Set One, and awarding Plaintiff monetary sanctions in the amount of $2,311.65.

TENTATIVE RULING: The motion is DENIED AS MOOT. The Request for Monetary Sanctions is GRANTED IN PART. Defendant’s objections asserted in his responses to Plaintiff’s Request for Production of Documents and Things, Set One, are OVERRULED.

BACKGROUND

On April 14, 2023, Plaintiff initiated this action against Defendants Gonzalez, Alicia Ranee Levalley, Jose Manual Armando Lorenzo-Reyes (collectively, “Defendants”), and Does 1 to 100 for motor vehicle negligence. The Complaint alleges that Plaintiff sustained personal injuries and property damages as a result of a motor vehicle incident that occurred on May 2, 2022. Subsequently, on May 8, 2023, Defendant Gonzalez filed his Answer to the Complaint.

On February 13, 2024, Plaintiff filed the instant Motion to Compel Defendant Gonzalez’s Responses to Plaintiff’s Request for Production of Documents and Things, Set One (the “Motion”). Additionally, Plaintiff requests monetary sanctions against Defendant Gonzalez and his counsel. 

On March 12, 2024, Defendant Gonzalez filed an Opposition to the Motion, without an accompanying Memorandum, simply stating that he had served Plaintiff with his responses on March 7, 2024. (Opp’n. at 2.)

No Reply has been received by the Court.

ANALYSIS

“Within 30 days after service of a demand for inspection, copying, testing, or sampling, the party to whom the demand is directed shall serve the original of the response to it on the party making the demand, and a copy of the response on all other parties who have appeared in the action, unless on motion of the party making the demand, the court has shortened the time for response, or unless on motion of the party to whom the demand has been directed, the court has extended the time for response.” (Code Civ. Proc. § 2031.260, subd. (a).)

“If a party to whom a demand for inspection, copying, testing, or sampling is directed fails to serve a timely response to it, the following rules shall apply:

(a) The party to whom the demand for inspection, copying, testing, or sampling is directed waives any objection to the demand, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010). The court, on motion, may relieve that party from this waiver on its determination that both of the following conditions are satisfied:

(1) The party has subsequently served a response that is in substantial compliance with Sections 2031.210, 2031.220, 2031.230, 2031.240, and 2031.280.

(2) The party’s failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect.

(b) The party making the demand may move for an order compelling response to the demand.

(c) Except as provided in subdivision (d), the court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a response to a demand for inspection, copying, testing, or sampling, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.”

(Code Civ. Proc. § 2031.300, subd. (a), (b), (c).)

A. Defendant Gonzalez Has Waived All Objections to the Demand Due to Untimely Responses under C.C.P. 2031.300 (a)

Here, Defendant Gonzalez opposes the Motion on the basis that he served his responses to Plaintiff’s Request for Production of Documents and Things, Set One (the “Request”), on March 7, 2024. (Opp’n., at 2.)

Here, Plaintiff initially propounded and served the Request on Defendant Gonzalez on August 22, 2023. (Lallande Decl., ¶ 1.) Subsequently, , Plaintiff granted Defendant Gonzalez an extension to respond on September 22, 2023, moving the deadline to October 22, 2023. (Id., ¶ 7, Ex. “3.”) Following this, despite multiple attempts by Plaintiff’s counsel to obtain status updates and responses from Defendant Gonzalez between November 14, 2023, and January 4, 2023, no responses were received as of the filing of the instant Motion. (Id., ¶¶ 8 – 11.)

Defendant Gonzales eventually served his verified responses to the Request on March 7, 2024 (Opp’n., at 2), which significantly past the agreed deadline of October 22, 2023. This delay results in an untimely response, leading to the waiver waived of any objection to the demand, including those based on privilege or on the protection for work product, under Code of Civil Procedure section 2031.300 subdivision (a).

Furthermore, Defendant Gonzalez does not assert that his failure to serve a timely response was due to mistake, inadvertence, or excusable neglect, nor does he seek relief from the waiver of objections under Code of Civil Procedure, section 2031.300 subdivision (a).

Accordingly, the Count finds Plaintiff’s Motion to Compel Responses to Request for Production of Documents and Things, Set One, to be MOOT due to the service of responses by Defendant Gonzalez before the hearing. 

However, due to the untimely service of the responses by Defendant Gonzalez, the Court GRANTS Plaintiff’s request, deeming Defendant Gonzalez has waived any objections under Code of Civil Procedure section 2031.300 subdivision (a),

Therefore, the Court DENIES AS MOOT Plaintiff’s Motion to Compel Responses to Request for Production and Things, Set One.

Additionally, the Court OVERRULES any objections asserted in Defendant’s responses to the Request.

B. Sanctions

            Plaintiff seeks monetary sanctions under both Code of Civil Procedure sections 2023.010 et seq., and 2031.300.

Monetary sanctions, as outlined under Code of Civil Procedure section 2031.300 subdivision (c) are mandatory against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a response to a demand.  Given that the Court has concluded that the Motion to be MOOT, except for OVERRULING the objections asserted by Defendant in his response, it determines that the mandatory sanctions under Code of Civil Procedure section 2031.300 subdivision (c) do not apply in this instance.

            However, the Court finds that permissive sanctions, pursuant to Code of Civil Procedure sections 2023.010 et seq. are warranted due to Defendant’s untimely response.

            Accordingly, the Court awards monetary sanctions to Plaintiff against Defendant Jose Roberto Gonzalez dba JRG Trucking and his counsel of record, jointly and severally, in a reasonable amount of $1,061.65, which is calculated based on a reasonable hourly rate of $500.00 (Lallande Decl., ¶ 13) for a total of 2 hours, plus $61.65 filing fees.

Therefore, the Court GRANTS IN PART Plaintiff’s Request for Monetary Sanctions, totaling $1,061.65.

CONCLUSION

Plaintiff’s Motion to Compel Defendant Jose Roberto Gonzalez dba JRG Trucking’s Responses to Request for Production of Documents and Things, Set One, is DENIED AS MOOT.

Plaintiff’s Request for Monetary Sanctions is GRANTED IN PART.

The objections asserted by Defendant Jose Roberto Gonzalez dba JRG Trucking in his Responses to Plaintiff’s Request for Production of Documents and Things, Set One, are OVERRULED.

Defendant Jose Roberto Gonzalez dba JRG Trucking and his attorney of record are ordered, jointly and severally, to pay Plaintiff monetary sanctions in the amount of $1,061.65 within 10 days of this order.

Moving part is ordered to provide notice of this order.