Judge: Gregory Keosian, Case: 21STCV33984, Date: 2022-10-04 Tentative Ruling

Case Number: 21STCV33984    Hearing Date: October 4, 2022    Dept: 61

Plaintiff Maria Refugo Valles’s Motions to Compel Resposnses to Reqeusts for Production and Form and Special Interrogatories from Defendant Adela Pinedo Valles are GRANTED.

Sanctions are awarded against Defendant in the amount of $5,780.

Plaintiff 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.) 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.)

Plaintiff Maria Refugio Valles (Plaintiff) served requests for production and form and special interrogatories upon Defendant Adela Pinedo Valles on April 12, 2022, with a due date of May 17, 2022. (Gastelum Decl. ¶ 3.) No responses were served by that date, and although Defendant later sought and was granted time to provide responses without a motion to compel, no responses have been served. (Gastelum Decl. ¶¶ 4–7.) No opposition has been filed.

If responses are not served by the hearing on these motions, the motions will 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).)

Plaintiff seeks $2,460.00, representing six hours of attorney work at $400 per hour for each motion, for a total requested award of $7,380.00. (Gastelum Decl. ¶¶ 8–10.) This includes four hours in duplicative charges for attending hearing on these motions, leading to a reduced maximum sanctions request of $5,780.00.

Sanctions are awarded against Defendant in the amount of $5,780.