Judge Elaine W. Mandel, Case Number: 22SMCV00693, Date: 2023-08-08 Tentative Ruling

Judge: Elaine W. Mandel, Case: 22SMCV00693, Date: 2023-08-08 Tentative Ruling

Case Number: 22SMCV00693 Hearing Date: January 19, 2024 Dept: P

Tentative Ruling

Jadidi v. Azzurra Homeowners Association, Case No. 22SMCV00693

Hearing date January 19, 2024

Defendant Azzurra’s Motion to Compel Answers to Form Interrogatories & Motion to Compel Plaintiff’s Deposition

Plaintiff Jadidi sued defendant Azzurra Homeowners Association, alleging faulty repairs to common area walls of plaintiff’s condominium. Defendant moves to compel plaintiff’s answers to form interrogatories and plaintiff’s deposition; defendant requests sanctions of $1,810 for each motion. Plaintiff, now in pro per, has not filed an opposition to either motion.

Motion to Compel Plaintiff’s Answers to Form Interrogatories

“Within 30 days after service of interrogatories, the party to whom the interrogatories are propounded shall serve the original of the response….” Code Civ. Proc. § 2030.260, subd. (a). “If the party to whom interrogatories are directed fails to serve a timely response . . . [t]he party to whom the interrogatories are directed waives any right to exercise the option to produce writings under Section 2030.230, as well as any objection to the interrogatories….” Code Civ. Proc., § 2030.290, subd. (a).

“The party propounding interrogatories may move for an order compelling response to the interrogatories.” Code Civ. Proc., § 2030.290, subd. (b). A court may impose monetary sanctions against a party engaging in the misuse of the discovery process, such as failing to respond to discovery. Code Civ. Proc. § 2023.030(a). A court has discretion to fix the amount of reasonable sanctions. Cornerstone Realty Advisors, LLC v. Summit Healthcare Reit, Inc. (2020) 56 Cal.App.5th 771.

On August 31, 2023 defendant served form interrogatories, set number two, numbers 1.1 and 17.1, by mail and email. Szymanski Decl., ¶ 6; Exhibit C. Responses were due October 5, 2023, and no responses were served. Szymanski Decl., ¶¶ 8-9. No extensions were requested, granted or ordered by the Court. Szymanski Decl., ¶ 10.

Counsel spent 5 hours drafting the motion and expects to spend 5 hours drafting a reply and appearing at the hearing. Szymanski Decl., ¶ 12. Counsel’s hourly billing rate is $175, and he paid a $60 filing fee. Szymanski Decl., ¶ 12. Defendant requests sanctions of $1,810. Szymanski Decl., ¶ 12.

GRANTED. Plaintiff to serve complete, verified, and code-compliant responses, without objections, to defendant’s form interrogatories, set two, numbers 1.1 and 17.1 within 20 days.

Motion to Compel Plaintiff’s Deposition

Defendant moves for an order compelling plaintiff to appear for deposition and for sanctions of $1,810. The meet and confer requirement has been met. Code Civ. Proc., § 2025.450, subd. (b)(2). Szymanski Decl., ¶¶ 11-12; Exhibit F.

“The service of a deposition notice under Section 2025.240 is effective to require any deponent who is a party …. to attend and to testify….” Code Civ. Proc. § 2025.280(a). “If, after service of a deposition notice, a party to the action . . . without having served a valid objection . . . fails to appear for examination …. the party giving the notice may move for an order compelling the deponent’s attendance and testimony….” Code Civ. Proc. § 2025.450(a).

If a motion under Code Civ. Proc. § 2025.450(a) is granted “the court shall impose a monetary sanction . . . in favor of the party who noticed the deposition and against the deponent or party with whom the deponent is affiliated, unless the court finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.” Code Civ. Proc. § 2025.450(g)(1). A court has discretion to fix the amount of reasonable monetary sanctions. Cornerstone Realty Advisors, LLC v. Summit Healthcare Reit, Inc., supra, 56 Cal.App.5th 771.

On September 6, 2023 defendant served a notice of plaintiff’s deposition for October 11, 2023. Szymanski Decl., ¶ 6-7; Exhibits C and D. Defendant emailed plaintiff twice to confirm the deposition. Szymanski Decl., ¶ 8; Exhibit E. Defendant received no response, and plaintiff failed to appear. Szymanski Decl., ¶¶ 9-10.

Counsel spent 5 hours drafting the motion and expects to spend 5 hours drafting a reply and appearing at the hearing. Szymanski Decl., ¶ 15. He requests $1,810 in sanctions.

The Court GRANTS defendant’s motion to compel plaintiff to appear and testify at deposition at a mutually agreeable date and time within 20 days.

Regarding sanctions, the court grants six hours at $175/hour for drafting the two motions and $60x2=$120 for filing fees. The motions were simple and straightforward, and somewhat duplicative. There was no opposition, so no need for a reply. The court grants a further hour at $175 for appearing at the motion. Sanctions ($175x7 atty fees, plus $120 filing fees) payable within 30 days.