Judge Gary I. Micon, Case Number: 22CHCV01523, Date: 2024-02-26 Tentative Ruling

Judge: Gary I. Micon, Case: 22CHCV01523, Date: 2024-02-26 Tentative Ruling

Case Number: 22CHCV01523 Hearing Date: March 7, 2024 Dept: F43

Dept. F43

Date: 3-7-24

Case #22CHCV01523 , Welding Evolution, Inc., et al. vs. Selective San Fernando Partners, LLC, et al.

Trial Date: N/A

MOTION TO COMPEL RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS

MOVING PARTY: Plaintiff Welding Evolution, Inc.

RESPONDING PARTY: Defendant Eric Cortes

RELIEF REQUESTED

Defendant’s code-compliant responses to Plaintiff’s Requests for Production, as well as sanctions

RULING: The motion is granted

SUMMARY OF ACTION

On October 20, 2023, Plaintiff Welding Evolution, Inc. served Defendant Eric Cortes with Requests for Production of Documents. The responses were originally due on November 22, 2023. On November 20, 2023, Plaintiff gave Defendant a 30-day extension, with a new response deadline of December 21, 2023. On December 18, 2023, Defendant asked for another thirty day extension. The new deadline was January 22, 2024. Defendant asked for another extension. Plaintiff gave a brief extension to January 24, 2024, and told Defendant that no further extensions would be allowed.

Though Plaintiff gave Defendant three extensions, no responses were received by January 24, 2024, the last deadline, so Plaintiff filed this motion on January 30, 2024. After Plaintiff filed this motion, Defendant served responses on February 8, 2024. Defendant opposes the motion on the basis that he served responses after the motion was filed, which he argues would moot the motion. Plaintiff argues in its reply that the motion is not moot because Defendant’s late responses were not code-compliant and contained improper objections.

Plaintiff seeks sanctions in the amount of $2,175.00 against Defendant Cortes and his counsel.

ANALYSIS

Requests for Production

A propounding party may move to compel responses to requests for production of documents where the responding party fails to provide responses. (CCP § 2031.300.) The responding party must provide responses within thirty days after the demand is served. (CCP § 2031.030(c)(2) & (3).) The responding party waives all objections, including privilege and work product, by failing to timely respond to requests for production of documents. (CCP § 2031.300.)

While Defendant failed to timely respond to Plaintiff’s requests, Defendant did eventually provide responses after Plaintiff filed this motion. However, Defendant’s “responses” were not code-compliant and failed to respond to each request individually. Instead, Defendant’s responses were a blanket response to all of Plaintiff’s requests that he did not have the documents. Additionally, Defendant indicated the other parties had the documents and that Plaintiff should refer to the responses of the other Defendants, rather than giving his own separate responses. It was also improper for Defendant to include objections because Defendant waived all objections by failing to timely respond to the requests. Finally, Defendant’s statements of compliance were also in an improper format.

Accordingly, Defendant must provide code-compliant, objection-free responses to each individual request for production.

Sanctions

CCP § 2023.030 authorizes the Court to issue sanctions against a party engaging in conduct that is a misuse of the discovery process. Failure to respond to discovery, evasive responses, and objections lacking substantial justification are “misuses of the discovery process.” (CCP § 2023.010, subd. (d)-(f).)

Plaintiff has requested sanctions in the amount of $2,175.00 against Defendant and Defendant’s counsel for the motion. The amount was based on Plaintiff’s counsel spending 3 hours on the motion at $705 an hour, plus the $60 filing fee. (Kramer Decl., ¶¶ 11-13.) The amount that Plaintiff has requested appears to be reasonable for this motion.

Plaintiff’s requests for sanctions against Defendant and Defendant’s counsel are granted in the total amount of $2,175.00 for the motion.

ORDER

1. Plaintiff’s motion to compel responses to requests for production is granted.

2. Defendant is ordered to serve responses within twenty (20) days.

3. Defendant and Defendant’s counsel of record are ordered to pay sanctions in the total amount of $2,175.00. Defendant and Defendant’s counsel are ordered to pay these sanctions to Plaintiff’s counsel within twenty (20) days.