Judge Jill Feeney, Case 20STCV43095 2023-03-16 Tentative Ruling

Motions to Compel Defendant Taylor James Levin’s Compliance with Court Orders and Request for Monetary Sanctions filed by Plaintiff

Sanctions in the amount of $1,686.65 are imposed jointly and severally on Defendant Levin and Defendant’s Counsel of Record. Sanctions are payable within 10 days after the date of this order.

Moving party to provide notice and to file proof of service of such notice within five court days after the date of this order.

This is an action for negligence arising from a vehicle collision which took place in May 2020. Plaintiff Diana Sanandajie filed her Complaint against Defendants James Taylor Levin, Heather Toorans, and Specialty Car Craft Motorgroup, LLC.

On January 11 and 13, 2023, the Court granted Plaintiff’s motions to compel Defendant Taylor James Levin to respond further to Plaintiff’s requests for written discovery.

On February 17, 2023, Plaintiff filed the instant motion to compel Levin’s compliance with court orders and for monetary sanctions.

The Court ordered Levin to provide further responses to Form Interrogatories (“FROGs”), Special Interrogatories (“SROGs”), and Requests for Production (“RPDs”) on January 11 and 13, 2023. Levin failed to obey the Court’s orders and has not served responses to date.

On receipt of a response to interrogatories, the propounding may move for an order compelling a further response under Code Civ. Proc., section 2030.300. If a party then fails to obey an order compelling further response to interrogatories, the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction. (Code Civ. Proc., section 2030.300, subd. (d).) In lieu of, or in addition to, that sanction, the court may impose a monetary sanction. (Id.)

On receipt of a response to a demand for inspection, copying, testing, or sampling, the demanding party may move for an order compelling further response under Code Civ. Proc., section 2031.310. If a party fails to obey an order compelling further response, the court may make orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction. (Code Civ. Proc., section 2031.310, subd. (i).) In lieu of, or in addition to, that sanction, the court may impose a monetary sanction. (Id.)

Plaintiff moves to compel Levin’s compliance with the Court’s orders compelling Levin to provide further responses to Plaintiff’s requests for written discovery.

Plaintiff’s counsel testifies that the Court issued orders on January 11 and 13, 2023 compelling Levin to serve further responses to FROGs, SROGs, and RPDs. (Smith Decl., ¶¶9-10.) Plaintiff served Levin with a notice of ruling on January 13 and 20, 2023. (Id., ¶¶9, 11.) Levin was to serve verified responses without objections within 20 days of the orders. (Id., ¶12-13.) As of the date of the filing of this motion, Levin failed to serve responses and has not contacted Plaintiff. (Id., ¶14.)

Code Civ. Proc., sections 2030.300(d) and 2031.310(i) provide that when a party fails to comply with orders compelling the party to serve further responses to requests for interrogatories and requests for production, the court may impose terminating, issue, evidence, or monetary sanctions on the party who failed to comply with the court’s orders. Here, Plaintiff requests monetary sanctions for 8 hours of attorney time. Because the motion was not opposed, the Court awards $1,686.65 in monetary sanctions for 6 hours of attorney time and filing fees.