Judge: Douglas W. Stern, Case: 21STCV46833, Date: 2022-08-15 Tentative Ruling

Case Number: 21STCV46833    Hearing Date: August 15, 2022    Dept: 52

Tentative Ruling:

Plaintiff Mani Brothers Nine Thousand (DE), LLC’s Motions to Compel Discovery Responses: (1) by Defendant Knock Out Creative, Inc. to Form Interrogatories; (2) by Defendant Kristi Kilday to Form Interrogatories; (3) by Knock Out Creative, Inc. to Demand for Production; and (4) by Kristi Kilday to Demand for Production

Order Compelling Responses

            Plaintiff Mani Brothers Nine Thousand (DE), LLC moves to compel both defendant Knock Out Creative, Inc. and defendant Kristi Kilday to respond to plaintiff’s form interrogatories – general, set one and to plaintiff’s demands for production of documents, set one.

When a party fails to timely respond to interrogatories or demands for inspection, the requesting party may move for an order compelling responses.  (CCP §§ 2030.290(b) [interrogatories]; 2031.300(b) [demands for inspection].)  Failure to timely respond waives any objections.  (CCP §§ 2030.290(a); 2031.300(a).)

On April 19, 2022, plaintiff served defendants with the four discovery requests at issue.  (Rosenbaum Decls., ¶ 5, Exs. 1-4.)  Defendants did not respond within 30 days and had not responded as of June 17, when plaintiff filed these motions.  (Rosenbaum Decls., ¶¶ 6-10.)    

Defendants Knockout Creative, Inc. and Kristi Kilday did not serve timely responses to plaintiff’s discovery requests.  Plaintiff is therefore entitled to an order compelling responses without objections to its form interrogatories – general and demands for production of documents.

Sanctions

Plaintiff moves for $1,360 in monetary sanctions on each motion for a total of $5,440.  Failing to respond to an authorized method of discovery constitutes a misuse of the discovery process subject to monetary sanctions.  (CCP § 2023.010(d).)  Defendants failed to respond to form interrogatories and demands for inspection.  The court finds defendants did not act with substantial justification and sanctions are just under the circumstances. 

Plaintiff’s request for sanctions includes 9.0 hours of attorney fees at $550 hourly.  This amount includes 2.0 hours to review the oppositions and draft replies and 2.0 hours to prepare for and attend the hearing.  (Rosenbaum Decls., ¶¶ 11-14.)  No oppositions or replies were filed.  The court finds plaintiff reasonably incurred 5.0 hours of attorney fees at $550 hourly.

Plaintiff’s request for sanctions includes one sanction of $250 under CCP § 2023.050(a)(1).  The court finds that defendants did not respond in good faith to an inspection demand made under CCP § 2031.010.  The $250 sanction is therefore mandatory.  

The court finds plaintiff’s reasonable expenses total $3,240, or $810 on each motion, comprising the $250 sanction under CCP § 2023.050(a)(1), four $60 filing fees, and five hours of attorney fees at $550 hourly.

Disposition

Plaintiff Mani Brothers Nine Thousand (DE), LLC’s four motions to compel discovery responses are granted. 

Defendant Knock Out Creative, Inc. is ordered to provide verified responses without objections within 20 days to plaintiff’s form interrogatories – general, set one and to plaintiff’s demand for production of documents, set one.

Defendant Knock Out Creative, Inc. is ordered to pay plaintiff $1,620 in sanctions within 20 days.

Defendant Kristi Kilday is ordered to provide verified responses without objections within 20 days to plaintiff’s form interrogatories – general, set one and to plaintiff’s demand for production of documents, set one.

Defendant Kristi Kilday is ordered to pay plaintiff $1,620 in sanctions within 20 days.