Judge: Kerry Bensinger, Case: BC717477, Date: 2023-04-13 Tentative Ruling

Case Number: BC717477    Hearing Date: April 13, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

I.                   INTRODUCTION

On August 10, 2018, Plaintiff, Jose Luis Gonzalez, filed this action against defendants Jose Echevarria (“Echevarria”), Jasmine Ruiz, Juan Gonzalez, and Ilario Ruiz, arising out of an August 10, 2016 motor vehicle collision.        

On February 17, 2023, Echevarria filed the instant motion to compel Plaintiff’s responses to Echevarria’s Form Interrogatories, Special Interrogatories, and Demand for Production of Documents.  Echevarria requests sanctions against Plaintiff.

The Court heard this motion on March 17, 2023.  The Court continued the motion due to errors in the notice of motion and ordered Echevarria to serve upon Counsel for Plaintiff a Notice of Errata.  On the same day, Echevarria filed a Notice of Errata.  The attached proof of service shows that the corrected moving papers were served on Plaintiff.

The motion is unopposed.

II.                LEGAL STANDARDS

A.    Initial Discovery Responses

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).)  Moreover, failure to timely serve responses waives objections to the requests. (Code Civ. Proc., §§ 2030.280, subd. (a), 2030.290, subd. (a), 2031.300, subd. (a).) 

B.     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

A.    The Discovery Requests

Echevarria served the at-issue discovery requests on Plaintiff, December 9, 2022.  To date, Plaintiff has yet to provide discovery responses.  Counsel for Echevarria declares that Plaintiff’s discovery responses are overdue.  (See Camerlengo Decl.)  Therefore, all objections to the interrogatories and demand for production are waived. 

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

B.     Monetary Sanctions 

Echevarria requests imposition of monetary sanctions against Plaintiff.  The request is GRANTED.  As Plaintiff has not filed an opposition, the Court imposes sanctions in the amount of $841.65 representing four hours of Echeverria’s counsel’s hourly rate of $195 and $61.65 in filing fees.

IV.             CONCLUSION

The motion is granted.   

Plaintiff Jose Luis Gonzalez is ordered to provide verified responses to Set One of Defendant Jose Echevarria’s Form Interrogatories, Special Interrogatories, and Demand for Production of Documents, and to produce all documents in its possession, custody, or control which are responsive to the Demand for Production of Documents within 30 days of the date of notice of this order. 

The Court orders Plaintiff to pay monetary sanctions of $841.65 to Defendant Jose Echevarria, by and through Defendant’s counsel, within 30 days of the date of notice 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.

                                                                                                 Dated this 13th day of April 2023