Judge: Gary I. Micon, Case: 24CHCV02221, Date: 2024-12-09 Tentative Ruling

Case Number: 24CHCV02221    Hearing Date: December 9, 2024    Dept: F43

Dept. F43

Date: 12-09-2024

Case # 24CHCV02221, Gomez, et al. v. Gomez

Trial Date: None set.

COMPEL INITIAL RESPONSES TO FORM INTERROGATORIES, SET ONE

MOVING PARTY: Defendant Alejandra Gomez

RESPONDING PARTY: No response has been filed.

RELIEF REQUESTED

Order compelling verified responses and granting $1,135.00 in sanctions.

RULING: Motion is granted.

SUMMARY OF ACTION

On July 1, 2023, Plaintiffs Enrique Gomez and Marcy Linares (Plaintiffs) were involved in a vehicle collision with Defendant Alejandra Gomez (Defendant).  As a result of the collision, Plaintiffs suffered damages and serious injuries.  Plaintiffs filed this action against Defendant on June 17, 2024, alleging causes of action for (1) negligence and (2) “negligence involvement”.  The “negligence involvement” cause of action appears largely duplicative of the first cause of action. 

On July 29, 2024, Defendant propounded Form Interrogatories, Set One on Plaintiffs.  Responses were due August 30, 2024.  Defendant gave Plaintiffs two deadline extensions, but Plaintiffs did not serve responses.

On October 31, 2024, Defendant filed this motion to compel responses to her Form Interrogatories, Set One.  No opposition has been filed.

Meet and Confer

A motion to compel form interrogatory responses must include a declaration stating facts showing a “reasonable and good faith attempt” to resolve the issues mentioned in the motion before filing.  (Code Civ. Proc., §§ 2030.300, subd. (b)(1), 2016.040.) 

Defendant’s counsel of record, Michael J. Lowell, declares he attempted to meet and confer with Plaintiff’s counsel before filing this motion.  (Declaration of Michael J. Lowell, ¶ 2, Exh. A.)  After Plaintiffs missed the August 30 deadline, Mr. Lowell sent Plaintiffs’ counsel a meet and confer letter informing Plaintiffs they waived all objections and extending Plaintiffs’ deadline to respond to October 1, 2024.  (Lowell Dec., ¶ 3, Exh. B.)  After Plaintiffs missed the October 1 deadline, Mr. Lowell sent Plaintiffs’ counsel a second letter extending the time to respond to October 15, 2024.  (Lowel Dec., ¶ 4, Exh. C.)  As of October 31, 2024, Plaintiffs have not served responses. 

ANALYSIS

A propounding party may move to compel responses to form interrogatories where the responding party fails to provide any responses. (Code Civ. Proc., § 2030.290, subd. (b).)  The propounding party must show the interrogatories were properly served, that the time to respond expired, and no response has been served. (Leach v. Superior Court (1980) 111 Cal.App.3d 902, 905-906.)  The responding party must serve responses within 30 days after the interrogatories are served or according to an agreed upon deadline extension.  (Code Civ. Proc., § 2030.270.)  Failing to respond within these time limits waives objections.  (Code Civ. Proc., § 2030.290, subd. (a).) 

Defendant has shown that she properly served Plaintiffs on July 29, 2024.  Plaintiffs did not serve responses by the original August 30 deadline or any of Defendant’s subsequent deadline extensions.  As of October 31, 2024, Plaintiffs have not served responses. 

Accordingly, the Court orders Plaintiffs to serve code-compliant, objection-free responses to each individual form interrogatory.

Sanctions

The Court may impose sanctions against any party who “unsuccessfully makes or opposes a motion to compel responses to interrogatories 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, subd. (c).)

Defendant requests $1,135.00 in monetary sanctions against Plaintiffs and their counsel.  Defendant’s counsel, Michael J. Lowell, charges an hourly rate of $250.00.  (Lowell Dec., ¶ 7.)  Defendant’s other counsel, Meredith J. Norris, Esq., charges an hourly rate of $225.00.  (Lowell Dec., ¶ 6.)  The request includes the following: (1) Ms. Norris spent 2 hours preparing this motion ($450.00); (2) Mr. Lowell anticipates 2.5 hours preparing for and attending the motion hearing ($625.00); and (3) a $60.00 filing fee.  (Lowell Dec., ¶ 7.) 

The Court finds the hourly rates are reasonable, but the time spent on this motion is unreasonable.  This motion is virtually identical to five separate discovery motions Defendant filed, and the issues are not complex.

Accordingly, the Court grants Defendant’s request in the reduced amount of $535.00: (1) 1 hour preparing this motion; (2) 1 hour preparing for and attending the motion hearing; and (3) a $60.00 filing fee.

ORDER

1.      Defendant Alejandra Gomez’s motion to compel responses to Form Interrogatories, Set One is granted.

2.      Plaintiffs Enrique Gomez and Marcy Linares are ordered to serve responses within twenty (20) days of the date of this order.

3.      Plaintiffs and Plaintiffs’ counsel of record are ordered to pay sanctions in the total amount of $535.00.  Plaintiffs and Plaintiffs’ counsel are ordered to pay these sanctions to Defendant’s counsel within twenty (20) days of the date of this order.

Moving party to give notice.