Judge Lee S. Arian, Case Number: 21STCV08804, Date: 2024-04-12 Tentative Ruling

Judge: Lee S. Arian, Case: 21STCV08804, Date: 2024-04-12 Tentative Ruling

Case Number: 21STCV08804 Hearing Date: April 12, 2024 Dept: 27

Hon. Lee S. Arian

Department 27

Tentative Ruling

Hearing Date: 4/12/2024 at 1:30 p.m.¿¿¿

Case No./Name.: 21STCV08804 YADIRA MORENO vs SALVADOR TAPIA

Motion Name: MOTIONS TO COMPEL FORM INTERROGATORIES, SET ONE, REQUESTS FOR PRODUCTION, SET ONE, SPECIAL INTERROGATORIES, SET ONE, AND FOR SANCTIONS

Moving Party: Defendants SALVADOR TAPIA and PATRICIA MOLINA

Responding Party: Unopposed

Notice: Sufficient¿¿¿

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Ruling: MOTIONS TO COMPEL FORM INTERROGATORIES, SET ONE, REQUESTS FOR PRODUCTION, SET ONE, SPECIAL INTERROGATORIES, SET ONE, AND FOR SANCTIONS ARE GRANTED

Background

On March 5, 2021, Plaintiff filed the present auto accident case. On October 3, 2022, Defendants SALVADOR TAPIA and PATRICIA MOLINA served Plaintiff with the Request for Production, Set One, Special Interrogatories, Set One, and Form Interrogatories, Set One. Plaintiff's Responses were due on November 7, 2022. In December 2023 and January 2024, Defendants sent Plaintiff several emails requesting the overdue responses. However, as of February 20, 2024, no responses were provided, and Defendants now move the Court to compel Plaintiff to provide the discovery responses at issue. No opposition has been filed.

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).)¿¿The party propounding the discovery requests may move for an order compelling responses. (Code Civ. Proc., § 2031.300, subd. (b); Code Civ. Proc., § 2030.290, subd. (b).) Unlike a motion to compel further discovery responses, a motion to compel initial discovery responses does not have any meet and confer requirements.

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.)

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Analysis

It is undisputed that Plaintiff did not serve timely initial discovery responses. Plaintiff did not file an opposition challenging the service of the discovery requests, nor did Plaintiff indicate that the discovery responses at issue had been served prior to the hearing. Consequently, Defendants’ motions to compel are GRANTED, and Plaintiff is ORDERED to submit verified discovery responses without objections within 30 days from today.

Sanctions

Defendants request sanctions in the amount of $560.00 for each motion. The court finds this amount reasonable. Consequently, the Court sanctions Plaintiff in the amount of $1680. Plaintiff and her counsel are ORDERED, jointly and severally, to pay sanctions of $1680 to Defendants within 20 days of today’s date.

PLEASE TAKE NOTICE:¿¿¿¿¿

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.

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.

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.