Judge: Douglas W. Stern, Case: 22STCV01451, Date: 2023-03-22 Tentative Ruling

Case Number: 22STCV01451    Hearing Date: March 22, 2023    Dept: 68

Kinte Hogan, as Personal Representative of the Estate of Cathy Blevins, vs. Kindred Hospital South Bay, et al., Case No. 22STCV01451

(1) Motion to Compel Plaintiff’s Responses to Special Interrogatories, Set No. One

(2) Motion to Compel Plaintiff’s Responses to Form Interrogatories, Set No. One

(3) Motion to Compel Plaintiff’s Responses to Request for Production of Documents, Set No. One

Propounded by Defendant Long Beach Memorial Medical Center

Plaintiff filed this wrongful death action against Defendant on January 13, 2022. On August 8, 2022, Defendant served (1) Special Interrogatories, (2) Form Interrogatories, and (3) Requests for Production of Documents on Plaintiff.

Responses were due by September 12, 2022. On September 23, 2022 counsel for Defendant wrote to Plaintiff (at the time he was self-represented) and notified him of his failure to have served timely responses.  Responses were requested by October 3, 2022.

On December 12, 2022 Plaintiff’s counsel, Crystal Morgan, served her “Entry of Appearance” on counsel for Defendant Long Beach Memorial Medical Center.  [Plaintiff  may wish to formally clarify whether counsel has substituted in as counsel in place of Plaintiff, or is merely associated with Plaintiff as co-counsel for a self -represented party.]  On January 24, 2023, the 3 discovery motions before the Court were served on both Plaintiff and his attorney, Crystal Morgan.

Plaintiff has still not provided discovery responses. (Motion at p. 3.)  No opposition was filed until March 20, 2023.

[The Court has read the tardy Opposition.  (See C.C.P. § 1005 – all opposition papers shall be filed 9 court days prior to the hearing.)  The Court would also point out that Plaintiff’s counsel is in error in believing that a meet and confer must take place when there is a failure to timely respond to discovery.  (See C.C.P. § 2030.290, 2031.300.)  The obligation to meet and confer arises if there were responses that are deemed deficient.  (See C.C.P. § 2030.300(b)(1), 2031.310(b)(2).)]

The late opposition claims that responses have now been provided.  The parties should update the court on this issue.

Analysis

I.                   Form Interrogatories, Special Interrogatories, and Requests to Produce.

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).)

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 respond to Defendant’s Form Interrogatories, Set One, Special Interrogatories, Set One and Request to Produce, Set One. Defendant’s motion to compel responses to all of these discovery requests is GRANTED.

Sanctions

Code of Civil Procedure §128.5 provides for sanctions to be imposed against a party for "bad faith. . . tactics that are frivolous or solely intended to cause unnecessary delay." In addition, CCP § 2030.290 states that the Court shall impose a monetary sanction under Sections 2023.010 et seq. against any party, person or attorney who unsuccessfully makes or opposes a motion to compel. Section 2023.010(d) defines “misuses of the discovery process” to include: “failing to respond or to submit to an authorized method of discovery.” Section 2023.030 authorizes the Court to impose monetary sanctions on parties and their attorneys for misuses of the discovery process.  The same is true for failing to respond to a request for production.

Defendant seeks $460.00 in sanctions against Plaintiff for Plaintiff’s failure to respond to Defendant’s Special Interrogatories. That amount is for $400.00 (2 hours to prepare the motion at $200.00 an hour) and the $60.00 filing fee. (Hovesepian Decl., ¶ 7.)

Defendants seeks $1,060.00 in sanctions against Plaintiff for Plaintiff’s failure to respond to Defendant’s Form Interrogatories. That is for $1,000.00 (3 hours preparing this motion and 2 hours attending the hearing on this motion and the hearing on the Special Interrogatories motion, plus the $60.00 filing fee at $200.00 an hour). (Hovesepian Decl., ¶ 7.)

Defendants seeks $1,060.00 in sanctions against Plaintiff for Plaintiff’s failure to respond to Defendant’s Requests for Production. That is for $1,000.00 (3 hours preparing this motion and 2 hours attending the hearing on this motion, plus the $60.00 filing fee at $200.00 an hour). (Hovesepian Decl., ¶ 7.)

The Court shall award sanctions totaling $1,000 for fees and $180 for costs of filing the 3 motions, for a total of $1,180.

ORDER

1.      Defendant’s motion to compel responses to Defendant’s Special Interrogatories, Set No. One, is GRANTED.  Plaintiff’s responses are due with 20 days of the service of this order.

2.      Defendant’s motion to compel responses to Defendant’s Form Interrogatories, Set No. One, is GRANTED. Plaintiff’s responses are due with 20 days of the service of this order.

3.      Defendant’s motion to compel responses to Defendant’s Requests for Production is GRANTED. Plaintiff’s responses are due with 20 days of the service of this order.

4.      Defendant Long Beach Memorial Medical Center is awarded sanctions on the motions against Plaintiff Kinte Hogan in the amount of $1,180.00. Sanctions shall be paid to counsel for Defendant Long Beach Memorial Medical Center within 45 days of service of this order.