Judge: Kerry Bensinger, Case: 23STCV03843, Date: 2023-10-03 Tentative Ruling

Case Number: 23STCV03843    Hearing Date: October 3, 2023    Dept: 27

Tentative Ruling

Judge Kerry Bensinger, Department 27

HEARING DATE:      October 3, 2023                                            TRIAL DATE:  August 21, 2024

CASE:                                Allstate Northbrook Indemnity Company v. Edvin Francisco Hernandez Chivalan

CASE NO.:                 23STCV03843

MOTIONS TO COMPEL RESPONSES TO DISCOVERY

MOVING PARTY:               Petitioner Allstate Northbrook Indemnity Company

RESPONDING PARTY:     No opposition

I.          BACKGROUND

            On April 18, 2023, Petitioner, Allstate Northbrook Indemnity Company, filed these motions to compel Respondent, Edvin Francisco Hernandez Chivalan, to provide responses to Petitioner’s Form Interrogatories, Special Interrogatories, and Demand for Identification and Production of Documents.  Petitioner seeks sanctions against Respondent.

            The motions are unopposed.

II.           LEGAL STANDARD FOR COMPELLING RESPONSES TO DISCOVERY

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

¿¿¿ 

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.)  

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. 

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

            Petitioner served Respondent with the at-issue discovery requests on December 15, 2022.  Petitioner provided Respondent with two extensions to provide extensions.  However, to date, Respondent has not provided responses.¿ (See Martin Decls.)¿ Therefore, all objections to the interrogatories and demand for production are waived.¿¿ 

            As Petitioner properly served the discovery requests and Respondent failed to serve responses, the Court finds Petitioner is entitled to an order directing Respondent to provide responses to Set One of Petitioner’s Form Interrogatories, Special Interrogatories, and Demand for Identification and Production of Documents.¿ ¿Accordingly, the motions are GRANTED.

            Monetary Sanctions 

            Petitioner requests sanctions against Respondent.  Given that the Court has granted these motions, sanctions are warranted.  Accordingly, sanctions are imposed against Respondent in the amount of $784.95, consisting of 4 hours at Petitioner’s counsel’s hourly rate, and $184.95 in filing fees.

IV.       CONCLUSION 

The motions are granted.  Respondent Edvin Francisco Hernandez Chivalan is ordered to provide verified, objection-free responses to Petitioner Allstate Northbrook Indemnity Company’s Form Interrogatories, Set one, Special Interrogatories, Set One, and Demand for Identification and Production of Documents, Set One, within 20 days of this order.

The request for sanctions is granted.  Respondent is ordered to pay sanctions in the amount of $784.95 to Respondent, by and through their counsel, within 30 days of this order.

Moving party to give notice. 

Dated:   October 3, 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.