Judge: Kerry Bensinger, Case: 23STCV12448, Date: 2024-04-04 Tentative Ruling

Case Number: 23STCV12448    Hearing Date: April 4, 2024    Dept: 31

Tentative Ruling

Judge Kerry Bensinger, Department 31

HEARING DATE:      April 4, 2024                                  TRIAL DATE:   August 16, 2024

CASE:                         Richard Sweet, et al. v. Archibuildz, LLC

CASE NO.:                 23STCV12448

MOTION TO COMPEL RESPONSES TO DISCOVERY

MOVING PARTY:               Plaintiffs Richard Sweet, et al.

RESPONDING PARTY:     No opposition

I.          FACTUAL AND PROCEDURAL BACKGROUND

            On January 8, 2024, Plaintiffs Richard Sweet, Lori Sweet, individually and as Co-Trustees of the Sweet Living Trust, filed this motion to compel Defendant Archibuildz, LLC to provide responses to Plaintiffs’ Requests for Production of Documents, Set One.  Plaintiffs seek sanctions against Defendant.

The motion is unopposed.

II.        LEGAL STANDARD

If a party to whom inspection demands are directed fails to serve a timely response, the propounding party may move for an order to compel responses without objections.¿ (Code Civ. Proc., § 2031.300, subd. (b).) A party moving to compel discovery responses under this statutory provision is not required to meet and confer prior to filing the motion.  (See Code Civ. Proc., § 2031.300, subd. (b); see also Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 411 (Sinaiko) (citing Leach v. Superior Court (1980) 111 Cal.App.3d 902, 906 for the proposition that “meet and confer” requirement “did not apply when propounding party sought order compelling responses to interrogatories and sanctions for responding party's failure to respond ‘within the statutorily permitted time’”).)   

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), 2031.310, subd. (h).)¿¿¿¿

III.      DISCUSSION

Plaintiffs properly served the production requests on October 17, 2023.  However, despite asking and receiving an extension to provide responses, to date, Defendant has not served verified responses to the at-issue discovery.  Defendant has therefore waived all objections to the production requests.  Plaintiffs are entitled to an order compelling Defendant’s responses.

Monetary Sanctions

Plaintiffs request sanctions against Defendant.  Given that the court has granted this motion, sanctions are warranted.  Accordingly, sanctions are imposed against Defendant in the sum of $675, consisting of one and a half hours at plaintiffs’ counsel’s hourly rate.

 IV.       CONCLUSION

The motion is GRANTED.  Defendant is ordered to provide objection-free, verified responses to Plaintiffs’ Requests for Production of Documents, Set One.

Plaintiffs’ request for sanctions is GRANTED.  Defendant is ordered to pay sanctions in the sum of $675 to Plaintiffs, by and through their counsel.

Discovery responses are to be provided, and sanctions are to be paid within 30 days of this order.

Plaintiffs to give notice.

Dated:   April 4, 2024