Judge: Douglas W. Stern, Case: 21STCV30507, Date: 2023-04-06 Tentative Ruling
Case Number: 21STCV30507 Hearing Date: April 6, 2023 Dept: 68
Hui M. Pang vs. Denise Turnham, et al., 21STCV30507
Motion to Compel Responses to Form and Special Interrogatories from Plaintiff
Motion to Compel Responses to Requests for Production of Documents from Plaintiff
Moving Party – Defendant Trader Joe’s Co. Inc.
Moving Party’s Position
Plaintiff filed this suit against Defendant on August 18, 2021, after Plaintiff alleges that she was injured when she attempted to stop Defendant’s employee from taking down a political sign. On October 13, 2022, Defendant served Form Interrogatories and Special Interrogatories and Requests for Production on Plaintiff. On November 30, 2022, Defendant granted Plaintiff an extension to respond to discovery, and then Plaintiff made another request for an extension on January 4, 2023, making the discovery responses due on January 13, 2023. (Motions at p. 3.) As of the filings of the motions on February 28, 2023, Plaintiff had yet to provide Defendant with any responses to any of the discovery requests. (Motions at p. 3.) No opposition has been filed as of April 3, 2023.
Analysis
I. Form Interrogatories and Special Interrogatories
The propounding party may move for an order compelling responses and monetary sanctions if a party to whom the interrogatories are directed fails to respond. (CCP §§ 2030.290, 2030.300; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 404.) Responses to interrogatories are due within thirty days from the date of service of the interrogatories. (CCP §§ 2030.260(a), 2016.050.) The responding party waives any objections to the interrogatories by failing to serve responses in a timely manner. (CCP § 2030.290(a).)
Plaintiff has failed to respond to Defendant’s Form and Special Interrogatories. Defendant has moved for an order compelling Plaintiff’s response to these Interrogatories. The Court grants Defendant’s motion to compel responses.
II. Requests for Production
A propounding party may move to compel responses to requests for production of documents where the responding party fails to provide responses. (CCP § 2031.300.) The responding party must provide responses within thirty days after the demand is served. (CCP § 2031.030(c)(2) & (3).) The responding party waives all objections, including privilege and work product, by failing to timely respond to requests for production of documents. (CCP § 2031.300.)
Plaintiff has failed to provide responses to Defendant’s request for production of documents. Defendant has moved for an order compelling production of those documents. The Court grants Defendant’s motion to compel responses.
III. Sanctions
CCP § 2030.290(c) states “the Court shall impose a monetary sanction under Chapter 7 (commencing with § 2033.010) 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 the other circumstances make the imposition of the sanction unjust.” Moreover, CCP §2023.030 authorizes the Court to issue sanctions against a party engaging in conduct that is a misuse of the discovery process. Failure to respond to discovery, evasive responses, and objections lacking substantial justification are “misuses of the discovery process.” (CCP § 2023.010, subd. (d)-(f).)
Defendant has requested sanctions against Plaintiff and Plaintiff’s counsel in the amount of $1,237.50 each for both motions. This was based on 4.5 hours on preparation of each motion and estimated time for a reply, billing at a rate of $225.00 per hour. (Mathis Decl. ¶ 8.) Considering that the two motions are substantially similar to each other and considering that no reply was necessary due to the lack of opposition, the Court finds that $1,237.50 is a reasonable amount for both motions together.
IV. Order
1. Defendant’s Motion to Compel Plaintiff’s Response to Form and Special Interrogatories is GRANTED.
2. Defendant’s Motion to Compel Plaintiff’s Response to Requests for Production of Documents is GRANTED.
3. Plaintiff is ordered to serve these responses within twenty (20) days of the date of this order.
4. Plaintiff is ordered to pay sanctions in the amount of $1,237.50. Plaintiff is ordered to pay these sanctions to Defendant’s counsel within ten (10) days of the date of this order.