Judge James L. Crandall, Case 21-1201431 2022-07-28 Tentative Ruling

Judge: James L. Crandall, Case: 21-1201431, Date: 2022-07-28 Tentative Ruling

1. Motion to Compel Answers to Form Interrogatories

2. Motion to Compel Answers to Special Interrogatories

3. Motion to Compel Production

4. Motion to Compel Response to Requests for Admissions

Form and Special Interrogatories

Defendant, Newrez LLC f/k/a New Penn Financial, LLC dba Shellpoint Mortgage Servicing’s (Shellpoint) Unopposed Motion to Compel Responses to Form Interrogatories, Set One and Special Interrogatories, Set One and Request for Monetary Sanctions is GRANTED in part.

Plaintiffs are ordered to provide responses, without objections, to Shellpoint’s Form Interrogatories, Set One and Special Interrogatories, Set One within 30 days of service of the court’s order.

Plaintiffs are ordered to pay monetary sanctions in the amount of $1,387.50 within 30 days of service of the court’s order.

Merits

Shellpoint moves for an order compelling Plaintiffs to provide responses, without objection, to Shellpoint’s Form Interrogatories, Set One and Special Interrogatories, Set One.

Responses to interrogatories are due “within 30 days after service” of the interrogatories.  (Code Civ. Proc., §2030.260 (a).) If a party served with interrogatories fails to timely respond, the propounding party may move for an order compelling responses.  (Code Civ. Proc., § 2030.290(b))

Shellpoint submits a declaration from its attorney, Jonathan Cahill (“Cahill”) in support of this motion. Cahill attests that Shellpoint served Form Interrogatories and Special Interrogatories, Sets One on Plaintiffs on February 10, 2022. (Declaration of Jonathan Cahill (“Cahill Decl.”), ¶ 3, Ex. 1.)

Plaintiffs’ responses were due on March 17, 2022 and Plaintiffs did not request an extension of time to respond. (Cahill Decl. ¶ 4.)

Plaintiffs have not served responses as of the filing of this motion. (Cahill Decl. ¶ 5.)

Shellpoint has demonstrated that Plaintiffs were properly served with Form Interrogatories, Set One and Special Interrogatories, Set One. Shellpoint has also demonstrated that Plaintiffs have not served responses to these interrogatories to date. Therefore, Shellpoint’s motion is GRANTED.

Request for Sanctions

Shellpoint requests monetary sanctions of $2,272.50 against Plaintiffs.

Pursuant to Code of Civil Procedure section 2030.030, the court may impose sanctions against anyone “engaging in conduct that is a misuse of the discovery process.” Misuse of the discovery process includes “failing to respond or submit to an authorized method of discovery.” (Code Civ. Proc., § 2023.010 (d).)

Pursuant to Code of Civil Procedure section 2030.300, subdivision (d), “The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel further response to interrogatories, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.”

Cahill attests that he spent approximately 3.5 hours preparing this motion, including all exhibits, the proposed order, and supporting declaration. (Cahill Decl. ¶ 6.) Cahill anticipates spending an additional 4 hours responding to Plaintiffs’ opposition and appearing for and attending the hearing. (Id.) Cahill’s billing rate is $295 per hour and Shellpoint has incurred a filing fee of $60. (Id.)

The court awards sanctions against Plaintiffs in the amount of $1,387.50. This represents 4.5 hours of attorney time at $295 per hour and a filing fee of $60.

The court reduces Cahill’s request for sanctions in connection with responding to Plaintiffs’ opposition by 3 hours, as Plaintiffs have not filed an opposition to this motion.

Therefore, Shellpoint’s request for sanctions is GRANTED in part in the amount of $1,387.50.

Request for Production

Defendant, Newrez LLC f/k/a New Penn Financial, LLC dba Shellpoint Mortgage Servicing’s (Shellpoint) Unopposed Motion to Compel Responses to Requests for Production, Set One and Request for Monetary Sanctions is GRANTED in part.

Plaintiffs are ordered to provide responses, without objections, to Shellpoint’s Requests for Production, Set One within 30 days of service of the court’s order.

Plaintiffs are ordered to pay monetary sanctions in the amount of $1,387.50 within 30 days of service of the court’s order.

Merits

Shellpoint moves for an order compelling Plaintiffs to provide responses, without objection, to Shellpoint’s Requests for Production, Set One.

Responses to requests for production are due “within 30 days after service” of the requests.  (Code Civ. Proc., §2031.260(a))

If a party served with requests for production fails to timely respond, the propounding party may move for an order compelling responses.  (Code Civ. Proc., § 2031.300(b))

Shellpoint submits a declaration from its attorney, Jonathan Cahill (“Cahill”) in support of this motion. Cahill attests that Shellpoint served Requests for Production, Set one on Plaintiffs on February 10, 2022. (Declaration of Jonathan Cahill (“Cahill Decl.”), ¶ 3, Ex. 1.)

Plaintiffs’ responses were due on March 17, 2022, and Plaintiffs did not request an extension of time to respond. (Cahill Decl. ¶ 4.)

Plaintiffs have not served responses as of the filing of this motion. (Cahill Decl. ¶ 5.)

Shellpoint has demonstrated that Plaintiffs were properly served with Requests for Production, Set One Shellpoint has also demonstrated that Plaintiffs have not served responses to these requests to date. Therefore, Shellpoint’s motion is GRANTED.

Request for Sanctions:

Shellpoint requests monetary sanctions of $2,272.50 against Plaintiffs.

The court shall impose sanctions against “any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a further response to requests for production, unless it 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., § 2031.310 (h).)

Cahill attests that he spent approximately 3.5 hours preparing this motion, including all exhibits, the proposed order, and supporting declaration. (Cahill Decl. ¶ 6.)

Cahill anticipates spending an additional 4 hours responding to Plaintiffs’ opposition and appearing for and attending the hearing. (Id.) Cahill’s billing rate is $295 per hour and Shellpoint has incurred a filing fee of $60. (Id.)

The court awards sanctions against Plaintiffs in the amount of $1,387.50. This represents 4.5 hours of attorney time at $295 per hour and a filing fee of $60.

The court reduces Cahill’s request for sanctions in connection with responding to Plaintiffs’ opposition by 3 hours, as Plaintiffs have not filed an opposition to this motion.

Therefore, Shellpoint’s request for sanctions is GRANTED in part in the amount of $1,387.50.

Requests for Admissions

Defendant, Newrez LLC f/k/a New Penn Financial, LLC dba Shellpoint Mortgage Servicing’s (Shellpoint) Unopposed Motion to Deem Requests for Admission, Set One Admitted against Plaintiff Michael Pierce and Request for Monetary Sanctions is GRANTED in part.

Requests for Admission, Set One are deemed admitted against Plaintiff Michael Pierce.

Plaintiff is ordered to pay monetary sanctions in the amount of $1,387.50 within 30 days of service of the court’s order.

Merits:

Shellpoint moves for an order deeming Requests for Admission, Set One admitted against Plaintiff Michael Pierce. (“Plaintiff”)

“If a party to whom requests for admission are directed fails to serve a timely response . . . . (b) 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 under Chapter 7 (commencing with Section 2023.010).” (Code Civ. Proc., § 2033.280.)

If the requesting party moves for an order to deem its requests for admissions admitted, the court “shall make this order, unless it finds that the party to whom the requests for admissions have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with section 2033.220.” (Code Civ. Proc., § 2033.280 (c))

Shellpoint submits a declaration from its attorney, Jonathan Cahill (“Cahill”) in support of this motion.

Cahill attests that Shellpoint served Requests for Admission, Set One on Plaintiff on February 10, 2022. (Declaration of Jonathan Cahill (“Cahill Decl.”), ¶ 3, Ex. 1.)

Plaintiff’s responses were due on March 17, 2022, and Plaintiff did not request an extension of time to respond. (Cahill Decl. ¶ 4.) Plaintiff has not served responses as of the filing of this motion. (Cahill Decl. ¶ 5.)

Shellpoint has demonstrated that Plaintiff was properly served with Requests for Admission, Set One. Shellpoint has also demonstrated that Plaintiffs have not served responses to these requests to date. Therefore, Shellpoint’s motion is GRANTED.

Request for Sanctions:

Shellpoint requests monetary sanctions against Plaintiff in the amount of $2,272.50.

The court may impose sanctions against any party for engaging in conduct constituting a “misuse of the discovery process.” (Code Civ. Proc., § 2023.030 (a).) Misuse of the discovery process includes “failing to respond or submit to an authorized method of discovery.” (Code Civ. Proc., § 2023.010 (d))

The court awards sanctions against Plaintiff in the amount of $1,387.50. This represents 4.5 hours of attorney time at $295 per hour and a filing fee of $60. The court reduces Cahill’s request for sanctions in connection with responding to Plaintiffs’ opposition by 3 hours, as Plaintiff has not filed an opposition to this motion.

Therefore, Shellpoint’s request for sanctions is GRANTED in part in the amount of $1,387.50.

Moving Party to give notice.

Future hearing dates:

10/28/22 – MSC

11/10/22 – Demurrer

11/28/22 – Jury Trial