Judge: Elaine Lu, Case: 21STLC07521, Date: 2023-09-19 Tentative Ruling

Case Number: 21STLC07521    Hearing Date: September 19, 2023    Dept: 26

 

Lazo v. QX Logistix, LLC, et al

MOTION TO COMPEL RESPONSES TO INTERROGATORIES; SANCTIONS

 (CCP §§ 2030.290, 2023.010)



TENTATIVE RULING:

 

Defendant QX Logistix, LLC’s Motion to Compel Responses to Form Interrogatories, Set One, and Request for Sanctions is GRANTED. PLAINTIFF MAHO LAZO IS TO SERVE VERIFIED RESPONSES TO THE DISCOVERY REQUESTS, WITHOUT OBJECTIONS, WITHIN 20 DAYS’ SERVICE OF THIS ORDER. PLAINTIFF IS FURTHER ORDERED TO PAY SANCTIONS OF $535.00 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

 

 

ANALYSIS:

 

Defendant QX Logistix, LLC (“Defendant”) propounded Form Interrogatories, Set One, on Plaintiff Maho Lazo (“Plaintiff”) on July 11, 2023. (Motion, Wiseman Decl., Exh. 1.) Following no response from Plaintiff, Defendant filed the instant Motion to Compel Responses to Form Interrogatories, Set One, and Request for Sanctions, on August 18, 2023. (Id. at ¶4.) To date, no opposition has been filed.

 

There is no requirement for a prior meet and confer effort before a motion to compel initial responses can be filed. (Code Civ. Proc., § 2030.290.) Further, the motion can be brought at any time after the responding party fails to provide the responses.  (Code Civ. Proc., § 2030.290.) Based on Plaintiff’s failure to provide verified responses to the propounded discovery, Defendant is entitled to an order compelling them to serve verified responses to the discovery requests without objections.

 

Plaintiff’s failure to timely respond constitutes a misuse of the discovery process. (Code Civ. Proc., § 2023.010, subd. (d).) Sanctions are appropriate under Code of Civil Procedure sections 2023.010 and 2023.030 and have been properly noticed. However, the amount sought is excessive. Under a lodestar calculation, Defendants are awarded sanctions for $535.00 based on one hour of attorney time billed at $465.00 per hour, plus costs of $60.00. (Motion, Wiseman Decl., ¶5.)

 

Conclusion

 

Defendant QX Logistix, LLC’s Motion to Compel Responses to Form Interrogatories, Set One, and Request for Sanctions is GRANTED. PLAINTIFF MAHO LAZO IS TO SERVE VERIFIED RESPONSES TO THE DISCOVERY REQUESTS, WITHOUT OBJECTIONS, WITHIN 20 DAYS’ SERVICE OF THIS ORDER. PLAINTIFF IS FURTHER ORDERED TO PAY SANCTIONS OF $535.00 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

 

 

Moving party to give notice.