Judge: Gregory Keosian, Case: 21STCV42024, Date: 2022-12-07 Tentative Ruling

Case Number: 21STCV42024    Hearing Date: December 7, 2022    Dept: 61

Defendant Los Angeles County Metropolitan Transit Authority’s Motions to Compel Responses to Requests for Production and Form and Special Interrogatories from Plaintiff Dana Pharr are GRANTED. Sanctions are awarded against Plaintiff in the amount of $470.

Defendants to give 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.)

Defendant Los Angeles County Metropolitan Transit Authority (Defendant) moves to compel responses to requests for production and form and special interrogatories, set one, served upon Plaintiff Dana Pharr (Plaintiff) on September 13, 2022. (Guest Decl. ¶ 3.) Despite offering an extension of the time to respond to October 28, 2022, Plaintiff has not provided responses to the discovery or responded to the offer.(Guest Dec. ¶¶ 4–5, Exh. B.)

If objection-free 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).)

Defendant seeks $235.00 in connection with each motion, representing one hour spent preparing each, for a total of $470.00. (Guest Decl. ¶¶ 6–7.) Sanctions are awarded against Plaintiff in the amount of $470.