Judge Douglas W. Stern, Case 22STCV12184 2023-04-19 Tentative Ruling

Judge: Douglas W. Stern, Case: 22STCV12184, Date: 2023-04-19 Tentative Ruling

Case Number: 22STCV12184 Hearing Date: April 19, 2023 Dept: 68

Sang Yeo vs. B-OK Sign.com, Inc., et al., 22STCV12184

Motion to Compel Responses to Defendant’s Form and Special Interrogatories

Motion to Compel Responses to Defendant’s Demand to Produce Documents

Motion to Deem Admitted Responses to Defendant’s First Set of Requests for Admissions

Moving Party – Defendant B-OK Sign.com, Inc.

Moving Party’s Position

Plaintiff filed this suit against Defendant on April 11, 2022, after Plaintiff was allegedly assaulted and defamed by Defendant. On October 5, 2022, Defendant served the various discovery requests on Plaintiff. (Valdespino Decl., ¶ 2.) Responses were due on November 9, 2022. (Valdespino Decl., ¶ 2.) As of the filings of the motions on February 27, 2023, Plaintiff had yet to provide Defendant with any responses to any of the discovery requests. (Valdespino Decl., ¶ 3.) Defendant also requests sanctions. No opposition has been filed as of April 13, 2023.

The Motion to Compel Responses to Defendant’s Form and Special Interrogatories and to Motion to Compel Responses to Defendant’s Demand to Produce Documents are set for hearing on Aapril 18, 2023. The Motion to Deem Admitted Responses to Defendant’s First Set of Requests for Admissions is set for hearing on April 19, 2023. The Court has prepared this single tentative ruling to address all these motions.

Analysis

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 to the Form and Special Interrogatories.

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 to the requests for production.

Deem Requests for Admissions Admitted

Responses to requests for admission are due within thirty days from the date the propounding party serves the requests. (CCP § 2033.250.) Failure to timely respond to requests for admission results in waiver of all objections to the requests, including claims of privilege or work product protection. (CCP § 2033.280(a).) The propounding party of requests for admission may move for an order that “the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction.” (CCP § 2033.280(b).)

Plaintiff has not responded to Defendant’s Request for Admissions. Defendant has moved for an order deeming the RFAs admitted. The Court GRANTS Defendant’s motion.

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 in the amount of $765.65 for the request for documents motion; $1,227.65 for the interrogatories motion; and $1,425.65 for the requests for admissions motion. Each of these amounts includes the filing fee of $61.65. (Valdespino Decl., ¶ 4.)

Defendant’s counsel’s billing rate is $220 per hour. (Valdespino Decl., ¶ 4.) Counsel expects to spend 3.2 hours on the request for documents motion; 5.3 hours on the interrogatories motion; and 6.2 hours on the requests for admissions motion. Each of these included an anticipated one hour reviewing Plaintiff’s opposition papers and preparing a reply. However, no opposition was filed, so one hour can be taken off of each amount. The first two motions include an hour each for preparing for and attending the hearing for those two motions, and the third motion includes two hours for preparing for and attending its hearing. (Valdespino Decl., ¶ 4.)

Accordingly, 2.2 hours at $220 an hour plus the $61.65 filing is $545.65 for the request for documents motion. Next, 4.3 hours at $220 per hour plus the $61.65 filing fee is $1,007.65 for the interrogatories motion. Finally, 5.2 hours at $220 per hour plus the $61.65 filing fee is $1,205.65 for the requests for admissions motion.

Defendant’s request for sanctions for the three motions is granted in the total amount of $2,758.95.

ORDER

1. Defendant’s Motion to Compel Plaintiff’s Response to Defendant’s Form and Special Interrogatories is GRANTED.

2. Defendant’s Motion to Compel Plaintiff’s Responses to Defendant’s Requests for Production of Documents is GRANTED.

3. Defendant’s Motion to Deem Requests for Admissions Admitted is GRANTED.

4. Plaintiff is ordered to serve these responses within twenty (20) days of the date of this order.

5. Plaintiff Sang Yeo is ordered to pay sanctions in the amount of $2,758.95. Plaintiff is ordered to pay these sanctions to Defendant’s counsel within ten (15) days of the date of this order.