Judge: Gregory Keosian, Case: 20STCV45866, Date: 2023-03-16 Tentative Ruling

Case Number: 20STCV45866    Hearing Date: March 16, 2023    Dept: 61

Defendants Los Angeles County Fair Association and Dwight Richards’s Motion to Compel Responses to Form Interrogatories from Plaintiffs Environet Inc., Ryan Koda, and Fernando Tello is GRANTED.

Sanctions are awarded against Plaintiffs in the amount of $551.65.

Defendants to give notice.

I.                   MOTION TO COMPEL & DEEM ADMITTED

A propounding party may demand a responding party to produce documents that are in their possession, custody or control. (Code Civ. Proc., § 2031.010.) A party may likewise conduct discovery by propounding interrogatories to another party to be answered under oath. (Code Civ. Proc. § 2030.010, subd. (a).) The responding party must respond to the production demand either by complying, by representing that the party lacks the ability to comply, or by objecting to the demand. (Code Civ. Proc., § 2031.210.) The responding party must respond to the interrogatories by answering or objecting. (Code Civ. Proc. § 2030.210, subd. (a).) If the responding party fails to serve timely responses, the propounding party may move for an order compelling responses to the production demand and interrogatories. (Code Civ. Proc., §§ 2030.290, 2031.300.)

A party who fails to serve a timely response to interrogatories or a demand for inspection waives any objection to the demand. (Code Civ. Proc., §§ 2030.290, 2031.300.)

Defendants Los Angeles County Fair Association and Dwight Richards (Defendants) move to compel responses to Form Interrogatories, Set One, from Plaintiffs Environet Inc., Ryan Koda, and Fernando Tello (Plaintiffs). Defendants served the interrogatories on November 1, 2022, with responses due on December 1, 2022 (Rezai Decl. ¶ 4.) No responses have yet been served. (Rezai Decl. ¶ 10.)

If responses to the interrogatories are not served by the hearing on this motion, the motion shall be GRANTED.

II.    SANCTIONS

The prevailing party on a motion to compel is generally entitled to monetary sanctions, unless the court “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, 2031.300.) Sanctions are also mandatory against a party whose failure to serve responses to requests for admission makes the motion necessary. (Code Civ. Proc. § 2033.280, subd. (c).)

Defendants seeks $1,041.65 in sanctions against Plaintiff, representing four hours of attorney work at $245 per hour, plus a $61.65 filing fee. (Rezai Decl. ¶ 11.) As this includes two hours ($490) reviewing an opposition and preparing a reply, the maximum sanctions award is $551.65.

Sanctions are awarded against Plaintiffs. In the amount of $551.65.