Judge Lee S. Arian, Case Number: 19STCV10557, Date: 2023-11-02 Tentative Ruling

Judge: Lee S. Arian, Case: 19STCV10557, Date: 2023-11-02 Tentative Ruling

Case Number: 19STCV10557 Hearing Date: March 13, 2024 Dept: 27

Complaint Filed: 3/27/2019

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Hon. Lee S. Arian¿¿¿

Department 27¿¿¿

Tentative Ruling¿¿¿

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Hearing Date: 3/13/2024

Case No./Name: 19STCV10557 OLEKSANDR MELNYK vs BEVERLY HILLS BMW, et al.

Motion: DEFENDANT’S MOTION TO COMPEL REQUESTS FOR PRODUCTION, SET FIVE

Moving Party: Defendant BEVERLY HILLS BMW

Responding Party: Plaintiff

Notice: Sufficient¿¿¿

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Ruling: DEFENDANT’S MOTION TO COMPEL REQUESTS FOR PRODUCTION, SET FIVE, IS GRANTED.¿

DEFENDANT’S REQUEST FOR SANCTIONS IS GRANTED.

Background

On March 26, 2019, Plaintiff filed the present lawsuit, alleging that Defendant was negligent in repairing his vehicle, causing him to crash his car. On June 9, 2023, Defendant Beverly Hills BMW served its Request for Production of Documents (Set Five) on Plaintiff. On July 11, 2023, Defendant granted Plaintiff's request for a 30-day extension to serve the discovery response at issue by August 11, 2023. However, Plaintiff did not serve any responses by this deadline. Subsequently, Defendant had numerous correspondences with Plaintiff to provide the discovery responses without objections. Despite these requests, Plaintiff has failed to provide the discovery responses. Defendant now moves the court to compel Plaintiff to provide discovery responses to Defendant’s Request for Production of Documents (Set Five). In opposition, Defendant argues that (a) Plaintiff’s motion did not include a separate statement, (b) Plaintiff’s attorney had already provided a response through a phone call, and (c) the documents requested are protected by the work product doctrine. The opposition does not dispute that no discovery responses have been served.

Legal Standard

A plaintiff may make a demand for production of documents and propound interrogatories without leave of court at any time 10 days after the service of the summons on, or appearance by, the party to whom the demand is directed, whichever occurs first. (Code Civ. Proc., § 2031.020, subd. (b); Code Civ. Proc., § 2030.020, subd. (b).) The demand for production of documents is not limited by number, but the request must comply with the formatting requirements in Code Civ. Proc., § 2031.030. A party may propound 35 specially prepared interrogatories that are relevant to the subject matter of the pending action and any additional number of official form interrogatories that are relevant to the subject matter of the pending action. (Code Civ. Proc., § 2030.030, subd. (a)(1) - (a)(2).)

The party whom the request is propounded upon is required to respond within 30 days after service of a demand, but the parties are allowed to informally agree to an extension and confirm any such agreement in writing. (Code Civ. Proc., § 2031.260, subd. (a); Code Civ. Proc., § 2030.260, subd. (a); Code Civ. Proc., § 2031.270, subd. (a) - (b); Code Civ. Proc., § 2030.270, subd. (a) - (b).)¿¿

If a party fails to timely respond to a request for production or interrogatories, the party to whom the request is directed waives any right to exercise the option to produce writings under Code Civ. Proc., § 2030.230, and waives any objection, including one based on privilege or on the protection for work product. (Code Civ. Proc., § 2031.300, subd. (a); Code Civ. Proc., § 2030.290, subd. (a).)¿¿

Code of Civil Procedure section 2023.030, subdivision (a) provides, in pertinent part, that the court may impose a monetary sanction on a party engaging in the misuse of the discovery process to pay the reasonable expenses, including attorney’s fees, incurred by anyone as a result of that conduct. A misuse of the discovery process includes failing to respond or submit to an authorized method of discovery. (Code Civ. Proc., § 2023.010, subd. (d).)¿¿¿A court has discretion to fix the amount of reasonable monetary sanctions. (Cornerstone Realty Advisors, LLC v. Summit Healthcare Reit, Inc. (2020) 56 Cal.App.5th 771, 791.)¿¿¿¿

Analysis

It is undisputed that Plaintiff did not serve timely initial responses to Defendant's Request for Production, Set Five. Despite several extensions granted by Defendant, no responses were provided. Plaintiff, in the opposition, made several arguments that the Court finds unpersuasive. First, Plaintiff claimed to have responded to the discovery requests based on his counsel's telephone call and email to Defendant’s counsel. However, these communications do not equate to verified discovery responses. Second, contrary to Plaintiff’s contentions, a separate statement is not required for a motion to compel initial responses. (Cal Rules of Court, Rule 3.1345.) Third, Plaintiff's attempt to now raise the work product objection is moot because the responses are untimely, thereby waiving any objections. (Code Civ. Proc., § 2031.300, subd. (a))

Accordingly, Defendants’ motion to compel is GRANTED and Plaintiff is hereby ORDERED to provide verified discovery responses without objections within 30 days of today.¿

Sanctions

Plaintiff’s failure to serve timely discovery requests necessitated the present motion to compel. Defendant requests $1725 in attorney’s fees. Due to the simplicity of the issues involved, the Court exercises its discretion to reduce the sanctions to $1000. Plaintiff and his counsel are ORDERED, jointly and severally, to pay sanctions of $1000 to Defendant within 20 days of today’s date.

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PLEASE TAKE NOTICE:¿¿¿¿¿¿¿¿

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If a party intends to submit on this tentative ruling,¿the party must send an email to the court at¿sscdept27@lacourt.org¿with the Subject line “SUBMIT” followed by the case number.¿ The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.¿¿¿¿¿¿¿¿¿¿

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Unless¿all¿parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.¿ You should assume that others may appear at the hearing to argue.¿¿¿¿¿¿¿¿¿¿

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If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.¿ After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave.¿¿¿¿¿¿¿¿¿