Judge: David B. Gelfound, Case: 23CHCV01166, Date: 2024-03-07 Tentative Ruling

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Case Number: 23CHCV01166    Hearing Date: March 7, 2024    Dept: F49

LOS ANGELES SUPERIOR COURT

NORTH VALLEY DISTRICT

DEPARTMENT F49

MOTION TO COMPEL DEFENDANT ROLLS-ROYCE MOTOR CARS OF BEVERLY HILLS’ RESPONSES TO WRITTEN DISCOVERY, SET ONE

Motion filed: 10/12/23

MOVING PARTY: Plaintiff Juan Ayala (“Plaintiff”)

RESPONDING PARTY: none

NOTICE: ok 

RELIEF REQUESTED: An order compelling Defendant Rolls-Royce Motor Cars of Beverly Hills to provide verified responses to Plaintiff’s Form Interrogatories, Set One, and Special Interrogatories, Set One, within ten (10) days following the hearing on this motion. Additionally, Plaintiff seeks monetary sanctions in the amount of $2,316.75.

TENTATIVE RULING: The motion is GRANTED IN PART.

BACKGROUND

Plaintiff brought this action under the Song-Beverly Consumer Warranty Act (Lemon Law) over alleged defects in his 2020 Rolls-Royce Cullinan (the “Vehicle”), which was manufactured by Defendant BMW of North America, LLC (“BMWNA”). Plaintiff leased the Vehicle in new condition on June 25, 2020, from Defendant Rolls-Royce Motor Cars of Beverly Hills (“Defendant” or “RRBH”).

On April 20, 2023, Plaintiff initiated the present action, alleging against Defendants BMWNA and RRBH (collectively, “Defendants”), as well as Does 1 through 50 for the following causes of action: (1) Violation of Song-Beverly Act - Breach of Express Warranty; (2) Violation of Song-Veverly Act – Breach of Implied Warranty; (3) Violation of Song-Beverly Act section 1793.2(b); and (4) Negligent Repair. Subsequently, Defendants BMWNA and RRBH filed their Answers to the Complaint on June 9, and June 26, 2023, respectively.

On October 12, 2023, Plaintiff filed the instant Motion to Compel Defendant RRBH’s responses to Plaintiff’s first set of written discovery, including Form Interrogatories and Special Interrogatories.

No opposing papers have been received.

ANALYSIS

Code of Civil Procedure section 2030.260 provides that the party whom interrogatories are propounded shall serve responses within 30 days of service. Furthermore, the parties are provided with an additional 5 days if served by mail, and 2 days if served by electronic mail. (Code Civ. Proc., § 1013.)

Code of Civil Procedure section 2030.290 provides, “If a party to whom interrogatories are directed fails to serve a timely response, the following rules apply: (a) The party to whom the interrogatories are directed waives any right to exercise the option to produce writings under Section 2030.230, as well as any objection to the interrogatories, including one based on privilege or on the protection for work product.... (b) The party propounding the interrogatories may move for an order compelling response to the interrogatories....” (Underlines added.)

Code of Civil Procedure section 2023.010 subdivision (d) provides that a misuse of the discovery process is “[f]ailing to respond or to submit to an authorized method of discovery.”

A court has discretion to “impose a monetary sanction against a party engaging in the misuse of the discovery process or any attorney advising such conduct” under Code of Civil Procedure section 2023.030 subdivision (a). A court has discretion to fix the amount of reasonable monetary sanctions. (Cornerstone Realty Advisors, LLC v. Summit Healthcare Reit, Inc. (2020) 56 Cal.App.5th 771, 791.) 

A.    Motion to Compel

The Court first notes that in situations where no responses are received, the party propounding the discovery is not required to meet and confer. (See Code Civ. Proc., § 2030.290; Leach v. Sup. Ct., (1980) 111 Cal.App.3d 902, 905-906.)

Here, Plaintiff’s counsel states that the first set of Form Interrogatories and Special Interrogatories were served upon Defendant via email on August 24, 2023 (Saeedian Decl., ¶ 6), establishing the deadline for Defendants’ responses to both as September 25, 2023, in accordance with Code of Civil Procedure sections 2030.260 and 1013. However, as of the filing date of the instant Motion, Defendant RRBH has not provided any responses to either the Form Interrogatories, Set One, or the Special Interrogatories, Set One. (Saeedian Decl., ¶ 9.)

Consequently, Defendant RRBH has waived any rights to exercise the option to produce writing under Section 2030.230 as well as any objections to the interrogatories, including those based on privilege or on the protection for work product. (See Code Civ. Proc., § 2030.290.)

Furthermore, the instant Motion is unopposed.

“A failure to oppose a motion may be deemed a consent to the granting of the motion.” (Cal. Rules of Court, rule 8.54 (c).)

            Accordingly, the Court GRANTS the Motion to compel Defendant’s verified responses to the Form Interrogatories, Set One, and the Special Interrogatories, Set One.

B.     Sanctions

Here, Plaintiff seeks monetary sanctions in the amount of $2,316.75, calculated based on an hourly rate of $500.00. The amount encompasses 4.5 hours attorney time, including 2.5 hours for preparing the instant Motion and 2 hours anticipated for replying to any opposition, in addition to $66.75 in motion filing fees.

The Court finds the hourly rate of $500.00 to be reasonable. However, due to the absence of any opposition, the Court adjusts the total attorney time to a reasonable 2.5 hours.

Consequently, the Court GRANTS IN PART the request for monetary sanctions in the amount of $1,316.75 ($500.00/hr. x 2.5 hrs. + $66.75).

CONCLUSION

Plaintiff’s Motion to Compel Defendant Rolls-Royce Motor Cars of Beverly Hills to provide verified responses, with all objections waived, to Plaintiff’s Form Interrogatories, Set One, and Special Interrogatories, Set One, is GRANTED IN PART.

Defendant Rolls-Royce Motor Cars of Beverly Hills is ordered to provide verified responses, with all objections waived, to Plaintiff’s Form Interrogatories, Set One, and Special Interrogatories, Set One, within 20 days of receipt of this order.

Defendant Rolls-Royce Motor Cars of Beverly Hills and its counsel of record are ordered, jointly and severally, to pay Plaintiff monetary sanctions in the amount of $ 1,316.75.

Moving party is ordered to provide notice of this order.