Judge: Kerry Bensinger, Case: 22STCV27058, Date: 2023-08-15 Tentative Ruling

Case Number: 22STCV27058    Hearing Date: August 15, 2023    Dept: 27

Tentative Ruling

Judge Kerry Bensinger, Department 27

HEARING DATE:     August 15, 2023                                 TRIAL DATE:  February 16, 2024

CASE:                                Donovan Joe Driscoll, et al. v. Jason David Lance

CASE NO.:                 22STCV27058

MOTIONS TO COMPEL DISCOVERY RESPONSES

MOVING PARTY:               Defendant Jason David Lance

RESPONDING PARTY:     No opposition

I.          BACKGROUND

            On August 19, 2022, Plaintiffs, Donovan Joe Driscoll and Kathleen Driscoll, filed this action against Defendant, Jason David Lance, for injuries and damages arising from a motor vehicle accident.

            On November 17, 2022, Defendant served Plaintiffs with set one of Form Interrogatories, Special Interrogatories, and Demand for Production of Documents.  On April 25, 2023, having received no responses to the foregoing discovery, Defendant filed these motions to compel Plaintiffs’ responses.   Defendant requests monetary sanctions against Plaintiffs.

 II.       LEGAL STANDARD TO COMPEL RESPONSES¿TO DISCOVERY

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If a party to whom interrogatories and inspection demands were directed fails to serve a timely response, the propounding party may move for an order to compel responses without objections.¿ (Code Civ. Proc., §§ 2030.290, subd. (b), 2031.300, subd. (b).)¿ Failure to timely serve responses waives objections to the requests.¿ (Code Civ. Proc., §§ 2030.290, subd. (a), 2031.300, subd. (a).)  

Monetary Sanctions¿ 

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Code of Civil Procedure section 2023.030 is a general statute authorizing the Court to impose discovery sanctions for “misuse of the discovery process,” which includes (without limitation) a variety of conduct such as: making, without substantial justification, an unmeritorious objection to discovery; making an evasive response to discovery; and unsuccessfully and without substantial justification making or opposing a motion to compel or limit discovery.¿ (Code Civ. Proc., § 2023.010.)¿¿¿¿ 

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If sanctions are sought, Code of Civil Procedure section 2023.040 requires that the notice specify the identity of the person against whom sanctions are sought and the type of sanction requested, that the motion be supported in the points and authorities, and the facts be set forth in a declaration supporting the amount of any monetary sanction.¿¿¿ 

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If the court finds that a party has unsuccessfully made or opposed a motion to compel responses to interrogatories or inspection demands, the court “shall impose a monetary sanction . . . 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), 2031.300, subd. (c).)  

III.      DISCUSSION 

Defendant served Plaintiffs with the discovery requests on November 17, 2022.  However, to date, Plaintiffs have failed to serve responses or to respond to Defendant’s inquiries about the overdue discovery.¿ (See Walsh Decls.)¿ Therefore, all objections to the interrogatories and demands for production are waived.¿¿¿ 

As Defendant properly served the discovery requests and Plaintiffs failed to serve responses, the Court finds Defendant is entitled to an order directing Plaintiffs to provide responses to Set One of Defendant’s Form Interrogatories, Special Interrogatories, and Demand for Production of Documents.¿  

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Monetary Sanctions 

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Defendant requests sanctions against Plaintiffs.  Given that Plaintiffs have not served responses, sanctions are warranted.  Accordingly, sanctions are imposed against each Plaintiff in the amount of $380, consisting of 2 hours at defense counsel’s hourly rate and $180 in filing fees.  

IV.       CONCLUSION 

            The motions are granted.  Plaintiffs Donovan Joe Driscoll and Kathleen Driscoll are ordered to provide verified, objection-free responses to Set One of Defendant’s Form Interrogatories, Special Interrogatories, and Demand for Production of Documents. 

            The request for sanctions is granted.  Plaintiffs are each ordered to pay sanctions in the amount of $380 to Defendant, by and through his counsel. 

            Discovery responses are to be provided and sanctions are to be paid within 20 days of this order.  

Moving party to give notice, unless waived. 

Dated:   August 15, 2023                                          ___________________________________

                                                                                    Kerry Bensinger

                                                                                    Judge of the Superior Court

            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.