Judge: Gregory Keosian, Case: 20STCV45866, Date: 2023-05-02 Tentative Ruling

Case Number: 20STCV45866    Hearing Date: May 2, 2023    Dept: 61

Defendants Los Angeles County Fair Association and Dwight Richards’s Motion to Compel Responses to Requests for Production, Set One, from Plaintiff Fernando Tello is GRANTED.

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

Defendants to give notice.

I.                MOTION TO COMPEL

A propounding party may demand a responding party to produce documents that are in their possession, custody or control. (Code Civ. Proc., § 2031.010.) 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. (Code Civ. Proc., §2031.300.)

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

Defendants Los Angeles County Fair Association and Dwight Richards (Defendants) move to compel responses to Requests for Production, Set One, from Plaintiff Fernando Tello. Defendants served the requests on July 8, 2022. (Rezai Decl. ¶ 4.) Plaintiff served unverified responses on September 11, 202, without the documents promised in the responses. (Rezai Decl. ¶ 5.)  Despite several efforts to meet and confer concerning the document production, no production or verification has been made. (Rezai Decl. ¶¶ 6–11, Exh. B.)  

Defendants have demonstrated entitlement to relief pursuant to Code of Civil Procedure § 2031.300, as Plaintiff Tello has provided no verified responses, and unverified responses are tantamount to no responses at all. (See Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 635–36.) Defendants also have demonstrated entitlement to relief under Code of Civil Procedure § 2031.320, subd. (a), which permits a party to file a motion to compel compliance with a statement of compliance issued in response to document demands.

If verifications and documents are not served by the date of 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 Tello, representing four hours of attorney work at $245 per hour, plus a $61.65 filing fee. (Rezai Decl. ¶ 12.) As this includes two hours ($490) reviewing an opposition and preparing a reply, the maximum sanctions award is $551.65.

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