Judge: David B. Gelfound, Case: 23CHCV03467, Date: 2024-07-25 Tentative Ruling

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Case Number: 23CHCV03467    Hearing Date: July 25, 2024    Dept: F49

LOS ANGELES SUPERIOR COURT

NORTH VALLEY DISTRICT

DEPARTMENT F49

MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES, SET ONE; REQUEST FOR SANCTIONS

Motion filed: 5/23/24

MOVING PARTY: Defendants Emil J. Simanian D.D.S., Inc. DBA Golden Oak Dental Group Practice of Emil J Simanian DDS Inc. (erroneously sued as Golden Oak Dental Group, a California Corporation) (“GODGP” or the “Moving Defendant”)

RESPONDING PARTY: None.

NOTICE: OK.

RELIEF REQUESTED: An order from this Court compelling Plaintiff Liliana Castillo Onofre (“Plaintiff” or “Onofre”), to serve verified responses, without objection, to Form Interrogatories, Set One, and imposing monetary sanctions against Plaintiff and her attorney of record, in the amount of $2,610.00.

TENTATIVE RULING: The motion is GRANTED. The request for monetary sanctions is GRANTED IN PART.

BACKGROUND

On November 13, 2023, Plaintiff initiated this action. Subsequently, on January 12, 2024, Plaintiff filed her operative First Amended Complaint (“FAC”) against Defendants Emil J. Simanian and GODGP (collectively “Defendants”), and Does 1 to 25, alleging (1) Medical Malpractice, (2) General Negligence, and (3) Negligence Hiring, Training, and Supervision. Subsequently, Defendants filed their Answer to the Complaint on February 29, 2024.

On May 23, 2024, Defendant GODGP filed the instant Motion to Compel Plaintiff’s Responses to its Form Interrogatories, Set One (the “Motion”). Additionally, GODGP requests monetary sanctions against Plaintiff and her counsel. 

No Opposition or Reply papers have been received by the Court.

ANALYSIS

If a party to whom interrogatories are directed fails to serve a timely response, the propounding party may move for an order compelling responses and for a monetary sanction.  (Code Civ. Proc., § 2030.290, subd. (b).)  The statute contains no time limit for a motion to compel where no responses have been served. All that needs to be shown in the moving papers is that a set of interrogatories was properly served on the opposing party, that the time to respond has expired, and that no response of any kind has been served.  (Leach v. Superior Court (1980) 111 Cal.App.3d 902, 905-906.) 

A.    Motion to Compel Responses to Form Interrogatories, Set One

The Moving Defendant’s counsel attests that on February 29, 2024, it served Plaintiff with the first set of Form Interrogatories, to which responses were due on April 1, 2024. (Conley Decl., ¶ 3, Ex. “A.”) Having not received any responses by the due date, GODGP sent Plaintiff’s counsel a written meet and confer letter on April 30, 2024, demanding Plaintiff to serve responses, without objection, by May 6, 2024. (Id. ¶ 4, Ex. “B.”) Subsequently, on May 2, 2024, in response to Plaintiff’s request for an extension of two weeks, GODGP agreed to grant a one-week extension. (Id. ¶ 6.) However, no responses had been received by GODGP as of May 21, 2024. (Id. ¶ 7.) 

Given the absence of any Opposition from Plaintiff and the records above, the Court finds that Plaintiff has failed to serve a timely response, thereby waiving any objection to the interrogatories, including those based on privilege or the protection for work product, pursuant to Code of Civil Procedure section 2030.290, subdivision (a). 

Therefore, the Court GRANTS the Motion to Compel Responses to Form Interrogatories, Set One.

B.     Monetary Sanctions

Pursuant to Code of Civil Procedure section 2030.290, subdivision (c), “[t]he 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 interrogatories, 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....” Additionally, California Rules of Court rule 3.1348(A) further provides, “The Court may award sanctions under the Discovery Act in favor of a party who files a motion to compel discovery, even though no opposition to the motion was filed, or opposition to the motion was withdrawn, or the requested discovery was provided to the moving party after the motion was filed.”

Here, Plaintiff did not provide responses to the Form Interrogatories nor file an Opposition to the Motion. Accordingly, based on the above records and authorities, the Court finds that it is appropriate to impose monetary sanctions. The Court determines the total and reasonable amount of attorney’s fees and costs incurred for the work performed in connection with the Motion to be $697.50, calculated based on a reasonable hourly rate of $425 for 1.5 hours reasonably spent, in addition to a $60.00 filing fee.

Therefore, the Court GRANTS IN PART Plaintiff’s request for monetary sanctions.

CONCLUSION

The Motion to Compel Plaintiff’s Responses to Form Interrogatories, Set One, is GRANTED.

Plaintiff is ordered to serve verified responses, without objection, to Defendant’s Form Interrogatories, Set One, within 20 days.

Defendant Emil J. Simanian D.D.S., Inc.’s request for monetary sanctions is GRANTED IN PART.

Plaintiff Liliana Castillo Onofre and her attorney of record are ordered to jointly and severally pay $697.50 to Defendant Emil J. Simanian D.D.S., Inc. within 20 days.

Moving party to give notice.