Judge: Elaine W. Mandel, Case: 23SMCV05929, Date: 2024-07-11 Tentative Ruling

Case Number: 23SMCV05929    Hearing Date: July 11, 2024    Dept: P

Tentative Ruling

Travelers Commercial Insurance Co. v. Luckenbacher, Case No. 23SMCV05929

Hearing date July 11, 2024

Travelers’ Motions for Orders Compelling Responses to Form Interrogatories, Special Interrogatives, and Demand for Production of Documents and Request for Monetary Sanctions

In this uninsured motorist case, plaintiff moves to compel defendant’s responses to form interrogatories, special interrogatories, and demand for production of documents and requests sanctions. No opposition, which would have been due nine court days prior to the hearing (Code Civ. Proc. §1005(b)) was filed.

If a party to whom interrogatories or an inspection demand were directed fails to serve a timely response, the propounding party may move for an order compelling responses without objections. Code Civ. Proc. §§2030.290(b), 2031.300(b). Moreover, failure to timely serve responses waives objections to the requests. Code Civ. Proc. §§2030.290(a), 2031.300(a). Failure to verify a response is equivalent to no response at all. Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 636.

If a party unsuccessfully made or opposed such a motion, the court “shall impose a monetary sanction . . . unless it 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. §§2030.290(c), 2031.300(c). Sanctions may be awarded even though no opposition was filed or the requested discovery was provided after the motion was filed. CRC Rule 3.1348(a).

Defendant failed to respond. See generally Volk decls. All objections to the requests are waived.

Monetary sanctions are warranted. Plaintiff’s counsel requests $841.65 for each motion, representing 4 hours of work (2 hours to draft and 2 hours to prepare for and attend the hearing) at counsel’s hourly rate of $195, plus filing fee of $61.65.

The request for sanctions is granted in a reduced amount because the three motions are virtually identical and are unopposed. The court awards a total of 6 hours (5 hours to draft, 1 hour for hearing) at $195/hour, plus filing fees of $184.95 for three motions.  

GRANTED. Defendant to serve complete, verified responses, without objection, within 20 days of this order. The request for sanctions is GRANTED in the total amount of $1,365, plus $184.95 in filing fees, payable within 30 days.