Judge: Kerry Bensinger, Case: 22STCV05138, Date: 2023-01-10 Tentative Ruling

Case Number: 22STCV05138    Hearing Date: January 10, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

          On February 10, 202s, Plaintiff Michael Vaginak Kovchyan (“Plaintiff”) brought this action for motor vehicle and general negligence against Defendant Gladis Deisy Gonzalez (“Defendant”).  Plaintiff alleges on February 16, 2020, Plaintiff was travelling on a one-wheel skateboard in North Hollywood when the vehicle Defendant was driving collided with him.

On June 21, 2022, Defendant served Plaintiff with a Demand for Production of Documents, Set One, Form Interrogatories, Set One, and Special Interrogatories, Set One.  Having received no responses, Defendant proceeded to file these motions compelling Plaintiff to provide responses.   Defendant also submits three separate requests for $455.34 in monetary sanctions.  The motions are unopposed.

Compel Responses to Interrogatories

If a party to whom interrogatories are directed fails to serve timely responses, the court may make an order compelling responses.  (Code Civ. Proc., § 2030.290; Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 403.)   A party that fails to serve timely responses waives any objections to the interrogatories, including ones based on privilege or the protection of attorney work product.  (Code Civ. Proc., § 2030.290, subd. (a).)  Unlike a motion to compel further responses, a motion to compel responses is not subject to a 45-day time limit and the propounding party has no meet and confer obligations.  (Sinaiko Healthcare Consulting, Inc., supra, 148 Cal.App.4th at p. 404.)

On June 21, 2022, Defendant served Form Interrogatories, Set One and Special Interrogatories, Set One, on Plaintiff via electronic mail. (Babadjanian Decl. Supp. SROGS, ¶ 2, Ex. A; Babadjanian Decl. Supp. FROGS, ¶ 2, Ex. A.)  Pursuant to Code of Civil Procedure Section 2030.260, subdivision (a), the deadline for Plaintiff to serve responses was July 21, 2022. Counsel for Defendant states he reminded Plaintiff on August 29, 2022 of her failure to respond, and provided Plaintiff an extension until September 9, 2022.  (Babadjanian Decl. Supp. SROGS, ¶ 3, Ex. B.)  According to counsel, Plaintiff has failed to respond. (Id., ¶ 4.)

Accordingly, Defendant’s motion for an order compelling Plaintiff to respond to Form Interrogatories, Set One, and Special Interrogatories, Set One, is GRANTED.

          Compel Responses to Demand for Production of Documents

If a party to whom a demand for the production of documents is directed fails to serve a timely response, the court may make an order a compelling response.  (Code Civ. Proc., § 2031.300. subd (b).)   A party that fails to serve a timely response waives any objections to the interrogatories, including ones based on privilege or the protection of attorney work product.  (Code Civ. Proc., § 2031.300, subd. (a).) 

On June 21, 2022, Defendant served a Demand for the Production of Documents, Set One, on Plaintiff via electronic mail. (Babadjanian Decl. Supp. RPDs, ¶ 2, Ex. A.)  Pursuant to Code of Civil Procedure Section 2031.260, subdivision (a), the deadline for Plaintiff to serve responses was July 21, 2022. Counsel for Defendant states he reminded Plaintiff on August 29, 2022 of her failure to respond, and provided Plaintiff an extension until September 9, 2022.  (Babadjanian Decl. Supp. RPDs, ¶ 4, Ex. B.)  According to counsel, Plaintiff has failed to respond. (Id., ¶ 5.)

Accordingly, Defendant’s motion for an order compelling Plaintiff to respond to Defendant’s Demand for the Production of Documents, Set One, is GRANTED.

Monetary Sanctions

“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 a 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.”  (Code Civ. Proc., § 2030.290, subd. (c).)  “The court may award sanctions under the Discovery Act in favor of a party who files a motion to compel discovery, even though no opposition to the motion was filed…”  (Cal. R. Ct., rule 3.1348, subd. (a).)

Defendant requests $455.34 in sanctions for each of the three motions filed—for a total of $1,366.02.  Counsel for Defendant states he spent two hours on each motion at an hourly rate of $160.17, his legal assistant spent one hour on each motion at an hourly rate of $75.00, and that there was a $60.00 filing fee for each motion.  (Babadjanian Decl., ¶ 6.)  

The Court finds defense counsel’s hourly rate to be reasonable.  However, the instant motions are virtually identical and unopposed.  Therefore, the Court finds one set of sanctions for legal fees to be sufficient.  Accordingly, the Court will award $455.34 in sanctions plus the two additional filing fees of $60—for a total of $575.35.

Defendant’s request for sanctions is GRANTED.  Sanctions are imposed against Plaintiff and counsel of record, jointly and severally, in the reduced amount of $575.35, to be paid within twenty (20) days of the date of this Order.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.