Judge: Jill Feeney, Case: 21STCV13221, Date: 2022-10-12 Tentative Ruling
Case Number: 21STCV13221 Hearing Date: October 12, 2022 Dept: 30
Department 30, Spring Street Courthouse
October 12, 2022
21STCV13221
Motion to Compel Responses by Plaintiff to Requests for Production of Documents (Set No.2) filed by Defendant Miguel Perez and Request for Sanctions
DECISION
The motion is granted.
Plaintiff is ordered to serve verified responses without objections within 20 days after the date of this order.
Sanctions in the amount of $300.26 are imposed jointly and severally against Plaintiff and Plaintiff’s Counsel of Record. Sanctions are due within 20 days after the date of this order.
The moving party is ordered to provide notice and to file proof of service of such notice within five court days after the date of this order.
Background
This is an action for negligence and motor vehicle negligence arising from a vehicle collision which took place in April 2019. Plaintiff Merlita Moreno filed her Complaint against Miguel Perez on April 7, 2021.
On August 25, 2022, Defendant filed the instant motion to compel Plaintiff’s responses to his demand for inspection and production of documents, set 2.
Summary
Moving Arguments
Defendant propounded his RPDs, set 2, on Plaintiff on June 6, 2022. Although Defendant reminded Plaintiff to serve his responses, Plaintiff has not served any responses to date.
Opposing Arguments
None.
Legal Standard
Compelling Response to Demand for Production of Documents
Where there has been no timely response to a demand for the production of documents, the demanding party may seek an order compelling a response. (Code Civ. Proc. § 2031.300, subd. (b).) Failure to timely respond waives all objections, including privilege and work product. (Code Civ. Proc. § 2031.300, subd. (a).) Thus, unless the party to whom the demand was directed obtains relief from waiver, he or she cannot raise objections to the documents demanded. There is no deadline for a motion to compel responses. Likewise, for failure to respond, the moving party need not attempt to resolve the matter outside court before filing the motion.
Sanctions
Sanctions may be imposed for misuse of discovery process. (Code Civ. Proc., § 2023.030, subd. (a). ) Failing to respond or to submit to an authorized method of discovery constitutes a misuse of the discovery process. (Code Civ. Proc., § 2023.010, subd. (d).) Sanctions are mandatory in connection with a motion to deem matters specified in a request for admissions as true and motions to compel responses to interrogatories and requests for production of documents against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel 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(c), 2031.300(c), 2033.280(c).)
Discussion
Defendant moves to compel Plaintiff’s responses to his second set of RPDs.
Defendant is entitled to orders compelling Plaintiff’s responses to his second set of RPDs. Defendant supports his motion with a declaration from Counsel. Defendant propounded his second set of RPDs on Plaintiff on June 6, 2022, with responses due by July 8, 2022. (Lee Decl., ¶2.) Defendant’s Counsel reminded Plaintiff of the deadline and allowed additional time up to July 22, 2022 for Plaintiff to serve responses. (Id., ¶4.) To date, Defendant has not received Plaintiff’s responses to his second set of RPDs. (Id., ¶5.) Because Plaintiff has not responded to the discovery requests, the motion is granted.
With respect to sanctions, the Court finds that Plaintiff misused the discovery responses by failing to timely respond to Defendant’s second set of RPDs. Defendant requests $615.51 in sanctions for 3 hours of attorney time, 1 hour of legal assistant time, and filing fees. However, given the simplicity of this motion and the lack of opposition, the award is adjusted to 1.5 hours of attorney time billed at a rate of $160.17 per hour plus filing fees for a total of $300.26.
