Judge: Holly J. Fujie, Case: 23STCV07927, Date: 2023-10-04 Tentative Ruling

Case Number: 23STCV07927    Hearing Date: October 6, 2023    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MOVING PARTY: Plaintiff

RESPONDING PARTY: Defendant 4 Star Motel (“Defendant”)

The Court has considered the moving, opposition and reply papers.

BACKGROUND

Plaintiff’s complaint (the “Complaint”) alleges 11 causes of action arising from an employment relationship.  On July 3, 2023, Plaintiff filed a motion to compel responses to various discovery requests propounded on Defendant (the “Motion”).

DISCUSSION

            Under California Code of Civil Procedure (“CCP”) section 2030.290, subdivision (b), when a party directs interrogatories towards a party and that party fails to serve a timely response, the party propounding the interrogatories may move for an order compelling response to the interrogatories.  (CCP § 2030.290, subd. (b).)  The moving party need only show that the interrogatories were served on the opposing party, the time has expired to respond to the interrogatories and no responses have been served in order for the court to compel the opposing party to respond.  (Leach v. Superior Court (1980) 111 Cal.App.3d 902, 906.) 

Where there has been no timely response to a demand for inspection, copying, testing or sampling, the demanding party may seek an order compelling a response.  (CCP § 2031.300, subd. (b).)  Failure to timely respond waives all objections, including privilege and work product.  (CCP § 2031.300, subd. (a).)  

Under CCP section 2033.280, subdivision (a), where requests for admission are propounded on a party and that party fails to serve a timely response, that party waives any objection to the requests.  (CCP § 2033.280, subd. (a).)  The requesting party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction.  (CCP § 2033.280, subd. (b).)  The court must grant a motion to have admission requests deemed admitted where responses have not been served prior to the hearing, or, if such responses were served, they were not in substantial compliance with CCP section 2033.220.  (CCP § 2033.280, subd. (c).)  It is mandatory that the court impose a monetary sanction the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated the motion.  (Id.)  

            On May 2, 2023, Plaintiff propounded the discovery at issue in the Motion on Defendant.  (Declaration of Crystal F. Mohsin (“Mohsin Decl.”) ¶ 5.)  Defendant did not serve its responses by the June 6, 2023 deadline.  (Mohsin Decl. ¶ 8.)  Although Plaintiff’s counsel attempted to contact Defendant’s counsel, Plaintiff had not received any responses as of the date she filed the Motions.  (See Simonian Decl. ¶¶ 9-13.) 

            Defendant provides evidence that it provided responses on August 30, 2023.  (See Declaration of Sheldon Rosenfield (“Rosenfield Decl.”) ¶ 7.)  Given that Defendant has now provided responses, the Motion is MOOT insofar as it seeks to compel responses. 

Monetary Sanctions

            Plaintiff requests monetary sanctions in the amount of $3,800.  This amount represents: (1) one hour of meet and confer efforts; (2) four hours preparing the moving papers; and (3) an anticipated three hours preparing for and attending the hearing at an hourly rate of $475 per hour.  (Mohsin Decl. ¶ 17.)   

The Court exercises its discretion and awards Plaintiff sanctions in the reasonable amount of $1900, which represents four hours drafting the Motion at an hourly rate of $475 per hour.  (Moran v. Oso Valley Greenbelt Assn. (2004) 117 Cal.App.4th 1029, 1034.)  Defendant and counsel are jointly ordered to pay this amount within 20 days of this order.

             Moving party is ordered to give notice of this ruling.

Parties who intend to submit on this tentative must send an email to the Court at SMC_DEPT56@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.

       Dated this 6th day of October 2023