Judge: Lee S. Arian, Case: 21STCV14163, Date: 2023-11-30 Tentative Ruling

Case Number: 21STCV14163    Hearing Date: November 30, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

I.                   INTRODUCTION

On April 14, 2021, plaintiff Brian Meredith (“Plaintiff”) filed this action against defendant Oluwafeyiropo Ologitere (“Defendant”), arising out of a November 11, 2020, motor vehicle collision.    

On August 1, 2023, Defendant served special interrogatories and requests for production  on Plaintiff.  On September 8, 2023, Defendant’s counsel sent a meet and confer letter to Plaintiff’s counsel regarding the overdue discovery responses and requesting that responses be served by no later than September 15, 2023. Without receiving any responses, on September 20, 2023, Defendant’s counsel sent a second meet and confer letter to Plaintiff’s counsel requesting responses by September 27, 2023. 

Plaintiff did not provide responses.

On October 3, 2023, Defendant filed the instant motions to compel (1) Plaintiff’s Responses to Defendant’s Requests for Production of Documents (Set Two) and (2) Plaintiff’s Motion to Compel Plaintiff’s Responses to Special Interrogatories.  Defendant also requested monetary sanction of $1,185.00 for each motion.

Plaintiff has not filed an opposition.

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.” Further, under Califonria Rules of Court, the court may award sanctions under the Discovery Act in favor of a party who files a motion to compel discovery, even though no opposition to the motion was filed, or opposition to the motion was withdrawn, or the requested discovery was provided to the moving party after the motion was filed.  Cal. Rule of Court 3.1348.

III.             DISCUSSION

Discovery Responses

Plaintiff did not provide responses to either the requests for production or interrogatories.  He must do so.  Accordingly, he is ordered to provide responses, without objection, to the requests for production and interrogatories within 30 days of this order. 

Sanctions

Defendant requests that Plaintiff and his counsel, be ordered, jointly and severally, be ordered to pay $1,185.00 for each motion brought, based on the time counsel spent on the motion and time counsel expected to spend on a reply and hearing.   However, since Defendant’s counsel did not have an opposition to reply to, and because the motions were substantially the same, the amount of sanctions is reduced by $1,750 in total.  Plaintiff and his counsel, jointly and severally, are ordered to pay $1,750 in sanctions to Defendant within 30 days of this order. 

IV.             CONCLUSION

Defendant’s motions to compel are GRANTED and Plaintiff is hereby ordered to provide responses to the requests for production and special interrogatories, without objection, within 30 days of this order and to pay $1,750, also within 30 days of this order.

Moving parties 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 30th day of November 2023