Judge: Gregory Keosian, Case: 21STCV21447, Date: 2023-02-06 Tentative Ruling

Case Number: 21STCV21447    Hearing Date: February 6, 2023    Dept: 61

Defendants 1485 PH LLC and Lewis Futterman’s Motions to Compel Responses to Form and Special Interrogatories and Requests for Production from Plaintiff Tamara G. Harris are GRANTED. Sanctions are awarded against Plaintiff in the amount of $3,944.60.

Defendants to provide notice.

I.                   MOTIONS 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.) 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 1485 PH, LLC and Lewis Futterman (Defendants) move to compel responses from Plaintiff Tamara Harris to the following discovery:

·       1485 PH: form interrogatories, set one; special interrogatories, sets one and two; and requests for production, sets one and two;

·       Futterman: special interrogatories, set one; requests for production, set one.

Defendants counsel, Bruce A. Berman, declares that the discovery at issue was served on May 20 and August 31, 2022. (Berman Decl. ¶¶ 2–3.) Despite giving Plaintiff several extensions of time in which to respond, no responses have been served. (Berman Decl. ¶¶ 4–10.) No opposition has been filed.

If responses are not provided by the date of hearing on these motions, the motions 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 seek sanctions in the amount of $3,944.60, representing 6.3 hours of attorney work at $365 per hour, plus 2.3 hours of attorney work at $500 per hour, plus $498.60 in reservation and filing fees. (Berman Decl. ¶¶ 11–12.) Sanctions are awarded against Plaintiff in the amount of $3,944.60.