Judge: Gary I. Micon, Case: 23CHCP00427, Date: 2024-06-06 Tentative Ruling
Case Number: 23CHCP00427 Hearing Date: June 6, 2024 Dept: F43
Dept. F43
Date: 6-6-24
Case #23CHCP00427, Liberty Mutual Fire Insurance Co. vs. Mohammad Amin, et al.
Trial Date: N/A
MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES, SPECIAL INTERROGATORIES, AND REQUEST FOR PRODUCTION OF DOCUMENTS
MOVING PARTY: Petitioner Liberty Mutual Insurance Co.
RESPONDING PARTY: No response has been filed.
RELIEF REQUESTED
Claimant Fereshteh Ghahremani Nategh’s responses to Petitioner’s Form Interrogatories, Special Interrogatories, and Requests for Production of Documents, as well as sanctions.
Dept. F43
Date: 6-6-24
Case #23CHCP00427,
Liberty Mutual Fire Insurance Co. vs. Mohammad Amin, et al.
Trial Date: N/A
MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES,
SPECIAL INTERROGATORIES, AND REQUEST FOR PRODUCTION OF DOCUMENTS
MOVING PARTY: Petitioner
Liberty Mutual Insurance Co.
RESPONDING
PARTY: No response has been filed.
RELIEF
REQUESTED
Claimant
Mohammad Amin’s responses to Petitioner’s Form Interrogatories, Special
Interrogatories, and Requests for Production of Documents, as well as sanctions.
RULING:
Motion is granted.
SUMMARY OF
ACTION
This is an
uninsured motorist discovery petition. On February 2, 2023, Petitioner Liberty
Mutual Fire Insurance Company (Petitioner) propounded discovery upon Claimant Mohammad
Amin (Claimant). The discovery include Form Interrogatories, Special
Interrogatories, and a notice to produce documents. Responses to the discovery were
due on March 6, 2023. No responses were served by that date.
On March 7,
2023, Petitioner’s counsel emailed Claimant’s counsel and inquired about the
overdue discovery. Claimant’s counsel requested an extension until March 21,
2023. When discovery responses were not served by that date, Claimant was
granted another extension to April 6, 2023. No responses were received by that
date, and Claimant’s counsel did not respond to Petitioner’s counsel’s email
from April 18, 2023, or return Petitioner’s counsel’s phone call from May 2,
2023. On October 20, 2023, Petitioner filed a petition for open discovery,
which was granted.
Petitioner
never received any responses to its discovery requests. Petitioner filed this
motion to compel discovery responses to the form interrogatories, special
interrogatories, and requests for production on December 27, 2023. No
opposition has been filed. Petitioner also requests sanctions in the amount of
$852.00 against Claimant and Claimant’s counsel of record.
Form
Interrogatories and Special Interrogatories
The propounding
party may move for an order compelling responses and monetary sanctions if a
party to whom the interrogatories are directed fails to respond. (CCP §§ 2030.290,
2030.300; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare
Consultants (2007) 148 Cal.App.4th 390, 404.) Responses to interrogatories
are due within thirty days from the date of service of the interrogatories. (CCP
§§ 2030.260(a), 2016.050.) The responding party waives any objections to the
interrogatories by failing to serve responses in a timely manner. (CCP § 2030.290(a).)
Claimant has
failed to respond to Petitioner’s Form and Special Interrogatories. Petitioner has
moved for an order compelling Claimant’s response to these Interrogatories. The
Court grants Petitioner’s motion to compel responses to the Form and Special Interrogatories.
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.)
Claimant has
failed to provide responses to Petitioner’s demand for production of documents.
Petitioner has moved for an order compelling production of those documents. The
Court grants Petitioner’s motion to compel responses to the requests 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).)
Petitioner has
requested sanctions in the amount of $852.00 against Claimant and Claimant’s
counsel of record. The amount was based on Petitioner’s counsel spending 1 hour
preparing the petition to open discovery at $122 an hour; the $60 filing for
that petition; the $60 filing fee for the motion to compel; 2 hours preparing
the motion to compel at $122 an hour; an anticipated 2 hours at $122 an hour
reviewing the opposition and preparing the reply; and 1 hour at $122 an hour to
attend the hearing on this motion. (Roberts Decl., ¶ 14.) Because no opposition
or reply was filed for this motion, the Court will subtract the 2 hours
anticipated for that from the total. That would be $244 ($122 an hour x 2)
taken from the requested amount of sanctions for a total of $608.00 in
sanctions.
Petitioner’s
request for sanctions against Claimant and Claimant’s counsel of record is
granted in the total amount of $608.00.
ORDER
1. Petitioner’s
motion to compel responses to the form and special interrogatories and requests
for production is granted.
2. Claimant
Mohammad Amin is ordered to serve responses within twenty (20) days.
3. Claimant
and Claimant’s counsel of record are ordered to pay sanctions in the total
amount of $608.00. Claimant and Claimant’s counsel of record is ordered to pay
these sanctions to Petitioner’s counsel within twenty (20) days.
RULING: Motion is granted.
SUMMARY OF ACTION
This is an uninsured motorist discovery petition. On February 2, 2023, Petitioner Liberty Mutual Fire Insurance Company (Petitioner) propounded discovery upon Claimant Fereshteh Ghahremani Nategh (Claimant). The discovery include Form Interrogatories, Special Interrogatories, and a notice to produce documents. Responses to the discovery were due on March 6, 2023. No responses were served by that date.
On March 7, 2023, Petitioner’s counsel emailed Claimant’s counsel and inquired about the overdue discovery. Claimant’s counsel requested an extension until March 21, 2023. When discovery responses were not served by that date, Claimant was granted another extension to April 6, 2023. No responses were received by that date, and Claimant’s counsel did not respond to Petitioner’s counsel’s email from April 18, 2023, or return Petitioner’s counsel’s phone call from May 2, 2023. On October 20, 2023, Petitioner filed a petition for open discovery, which was granted.
Petitioner never received any responses to its discovery requests. Petitioner filed this motion to compel discovery responses to the form interrogatories, special interrogatories, and requests for production on December 27, 2023. No opposition has been filed. Petitioner also requests sanctions in the amount of $852.00 against Claimant and Claimant’s counsel of record.
Form Interrogatories and Special Interrogatories
The propounding party may move for an order compelling responses and monetary sanctions if a party to whom the interrogatories are directed fails to respond. (CCP §§ 2030.290, 2030.300; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 404.) Responses to interrogatories are due within thirty days from the date of service of the interrogatories. (CCP §§ 2030.260(a), 2016.050.) The responding party waives any objections to the interrogatories by failing to serve responses in a timely manner. (CCP § 2030.290(a).)
Claimant has failed to respond to Petitioner’s Form and Special Interrogatories. Petitioner has moved for an order compelling Claimant’s response to these Interrogatories. The Court grants Petitioner’s motion to compel responses to the Form and Special Interrogatories.
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.)
Claimant has failed to provide responses to Petitioner’s demand for production of documents. Petitioner has moved for an order compelling production of those documents. The Court grants Petitioner’s motion to compel responses to the requests 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).)
Petitioner has requested sanctions in the amount of $852.00 against Claimant and Claimant’s counsel of record. The amount was based on Petitioner’s counsel spending 1 hour preparing the petition to open discovery at $122 an hour; the $60 filing for that petition; the $60 filing fee for the motion to compel; 2 hours preparing the motion to compel at $122 an hour; an anticipated 2 hours at $122 an hour reviewing the opposition and preparing the reply; and 1 hour at $122 an hour to attend the hearing on this motion. (Roberts Decl., ¶ 14.) Because no opposition or reply was filed for this motion, the Court will subtract the 2 hours anticipated for that from the total. That would be $244 ($122 an hour x 2) taken from the requested amount of sanctions for a total of $608.00 in sanctions.
Petitioner’s request for sanctions against Claimant and Claimant’s counsel of record is granted in the total amount of $608.00.
ORDER
1. Petitioner’s motion to compel responses to the form and special interrogatories and requests for production is granted.
2. Claimant Fereshteh Ghahremani Nategh is ordered to serve responses within twenty (20) days.
3. Claimant and Claimant’s counsel of record are ordered to pay sanctions in the total amount of $608.00. Claimant and Claimant’s counsel of record is ordered to pay these sanctions to Petitioner’s counsel within twenty (20) days.