Judge: Elaine W. Mandel, Case: 22SMCV02185, Date: 2023-12-19 Tentative Ruling

Case Number: 22SMCV02185    Hearing Date: December 19, 2023    Dept: P

Tentative Ruling

Katzka v. Pavilions Supermarket, et al., Case No. 22SMCV02185

Hearing Date December 19, 2023

Plaintiff Katzka’s Motion to Compel Response to Discovery (UNOPPOSED)

On March 27, 2023 plaintiff Katzka propounded form/special interrogatories and requests for production of documents on defendants West Hollywood Retail Owner and CBRE. Katzka provided extensions, but no responses were provided. At an IDC on November 6, 2023, the court stated Katzka may file motions to compel if no responses were provided by November 13, 2023. No responses have been provided; plaintiff moves to compel responses without objection.

A party who fails to timely respond to interrogatories or requests for production of documents waives the right to object to discovery requests and is subject to a motion to compel. Cal. Code of Civ. Proc. §§2030.290, 2031.300.

Defendants Retail Owner and CBRE have not responded. Torres decl. ¶¶4-11. There is no opposition and no basis for the court to deny the motion. GRANTED. CBRE and Retail to provide verified responses without objection within 20 days.

As Retail Owner and CBRE provide no excuse for failure to respond, sanctions are proper. Katzka requests $2,060, five hours at $400/hr. and a $60 filing fee. Torres decl. ¶12. One hour is attributed to reviewing an opposition and preparing a reply. Since there has been no opposition, the court awards four hours at $400/hour, plus filing fee, a total award of $1,660, payable within 30 days. GRANTED.