Judge: Gary I. Micon, Case: 23CHCV03036, Date: 2024-07-10 Tentative Ruling

Case Number: 23CHCV03036    Hearing Date: July 10, 2024    Dept: F43

Dept. F43

Date: 7-10-24

Case #23CHCV03036, Allison M. Harada vs. Carlos Martinez, Jr.

Trial Date: N/A

MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES

MOVING PARTY: Plaintiff Allison M. Harada

RESPONDING PARTY: No response has been filed.

RELIEF REQUESTED

Defendant Carlos Martinez, Jr.’s responses to Plaintiff’s Form Interrogatories, as well as sanctions.

RULING: Motion is granted.

SUMMARY OF ACTION

On November 30, 2023, Plaintiff Allison M. Harada (Plaintiff) served form interrogatories on Defendant Carlos Martinez, Jr. (Defendant). Responses to the form interrogatories were due on January 4, 2024. No responses were served by that date.

Plaintiff never received any responses to her discovery requests. Plaintiff filed this motion to compel discovery responses to the form interrogatories on April 18, 2024. No opposition has been filed. Plaintiff also requests sanctions in the amount of $810.00 against Defendant.

Form 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).)

Defendant has failed to respond to Plaintiff’s Form Interrogatories. Plaintiff has moved for an order compelling Defendant’s response to these Interrogatories. The Court grants Plaintiff’s motion to compel responses to the Form Interrogatories.

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 $810.00 against Defendant. The amount was based on Plaintiff’s counsel spending 0.5 hours preparing this motion at $750 an hour; an anticipated 0.5 hours reviewing the opposition, preparing a reply, and attending the hearing, plus the $60 filing fee. (Young Decl., ¶ 9.) While no opposition was filed, Plaintiff did file a notice of no opposition and will attend the hearing on this motion; therefore, the Court grants the sanctions in the full requested amount.

Plaintiff’s request for sanctions against Defendant is granted in the total amount of $810.00.

ORDER

1.      Plaintiff’s motion to compel responses to the form interrogatories is granted.

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

3.      Defendant is ordered to pay sanctions in the total amount of $810.00. Defendant is ordered to pay these sanctions to Plaintiff’s counsel within twenty (20) days.