Judge: Elaine W. Mandel, Case: 23SMCV03723, Date: 2024-12-06 Tentative Ruling

Case Number: 23SMCV03723    Hearing Date: December 6, 2024    Dept: P

Tentative Ruling

Weinstein v. Rise Luxury Rehab, LLC, Case no. 23SMCV03723

Hearing date December 6, 2024

Defendant’s Motions to Compel Discovery and for Monetary Sanctions

Plaintiff Weinstein sues defendant Rise Luxury Rehab, LLC arising out of alleged violations of plaintiff’s privacy rights and safety during his time as an inpatient at defendant’s facility. Defendant served plaintiff with requests for production and admissions 4/5/24. Plaintiff failed to respond. Defendant moves to compel discovery and for sanctions totaling $5,215. No opposition was filed.

When a party fails to timely respond to written discovery requests, including interrogatories and requests for production of documents, propounding party can move for an order compelling a response without objections. Code of Civ. Proc. §2023.290. If a party fails to serve timely responses to requests for admission, the requesting party can move for an order deeming the truth of any matter specified in the requests admitted. Code of Civ. Proc. §2033.280.

Defendant served general form interrogatories, special interrogatories, requests for production of documents and request for admissions on 4/5/24. Decls. Costanzo paras. 2, 4. Plaintiff failed to respond. Decls. Costanzo paras. 6, 10. Plaintiff’s failure to produce discovery follows multiple meet and confer attempts. Decls. Costanzo paras. 4-5, 6-8. The parties attended an informal discovery conference 9/25/24 where the court ordered plaintiff to respond and stated defendant should file the instant motions if plaintiff failed to do so. Min. Order 9/25/24. The court notes plaintiff’s counsel seeks to be removed from the case, with hearing set for 1/7/25, citing plaintiff’s refusal to participate in the discovery process and failure to communicate with his own counsel. Decl. Saunders para. 2.

Plaintiff does not oppose this motion. Defendant’s motions and request for sanctions are meritorious. Defendant’s counsel spent 2 hours each preparing the instant motions at $265/hour. Decls. Costanzo paras. 10, 11. 8 hours for form discovery motions is unreasonable. Defendant requests an additional 2 hours each for replies, as well as an additional 1 hour each for hearing. No opposition was filed so no replies will be necessary. Defendant requests $60 in filing fees for each motion. Id. The court grants 4 hours total at the requested $265/hour for preparing the motions and an additional 1 hour for attending the hearing, plus filing fees. Sanctions of $265x5, plus $60 are payable within 30 days. Motion GRANTED.