Judge: Lee S. Arian, Case: 22STCV18162, Date: 2024-01-16 Tentative Ruling

Case Number: 22STCV18162    Hearing Date: January 17, 2024    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On June 2, 2022, Plaintiffs Nelly Alvarez and Guadalupe Hernandez filed this action against Defendant Anthony Castellanos (“Defendant”) and Does 1 through 25 for injuries allegedly arising out of an auto accident on August 25, 2020.  On August 23, 2022, Defendant served Form Interrogatories, Set One, Special Interrogatories, Set One, and Demand for Production of Documents, Set One on Plaintiff Guadalupe Hernandez (“Plaintiff”).  Having received no responses, Defendant proceeded to file the motions to compel Plaintiff to provide responses.  Defendant also requests monetary sanctions.  No oppositions to the motions have been filed.

Compel Responses

Where a party fails to serve timely responses to discovery requests, the court may make an order compelling responses.  (Code Civ. Proc., §§ 2030.290, 2031.300; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 403.)  A party that fails to serve timely responses waives any objections to the request, including ones based on privilege or the protection of attorney work product.  (Code Civ. Proc., §§ 2030.290, subd. (a), 2031.300, subd. (a).)  Unlike a motion to compel further responses, a motion to compel responses is not subject to a 45-day time limit and the propounding party has no meet and confer obligations.  (Sinaiko Healthcare Consulting, Inc., supra, 148 Cal.App.4th at p. 404.)

On August 23, 2022, Defendant’s counsel served Form Interrogatories, Set One, Special Interrogatories, Set One, and Demand for Production of Documents, Set One, on Plaintiff.  (Declarations of Paul J. Hahn, ¶2; Ex. “A”.)  To date, Plaintiff has not provided discovery responses.  (Id. at ¶ 7.)  Therefore, Defendant’s motions to compel Plaintiff’s responses to Form Interrogatories, Set One, Special Interrogatories, Set One, and Demand for Production of Documents, Set One, are GRANTED.  Plaintiff is ordered to provide responses to Form Interrogatories, Set One, Special Interrogatories, Set One, and Demand for Production of Documents, Set One, without objection, within 30 days of this order.

Monetary Sanctions

Where the court grants a motion to compel responses, sanctions shall be imposed against the party who unsuccessfully makes or opposes a motion to compel, unless the party acted with substantial justification, or the sanction would otherwise be unjust.  (Code Civ. Proc., §§ 2030.290, subd. (c), 2031.300, subd. (c).)  Under California Rules of Court, rule 3.1348, subdivision (a), “[t]he 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.”

Defendant requests sanctions in the amount of $1,330.00 for each motion based on 6 hours incurred at Defendant’s counsel’s hourly rate of $250.00, plus $60.00 filing fees and $20.00 for parking.  Plaintiff’s requests for sanctions are GRANTED in a reduced amount because the motions are straightforward, unopposed, and nearly identical to one another.  Sanctions are imposed against Plaintiff and Plaintiff’s counsel of record, jointly and severally, in the total amount of $2430.00, comprised of 3 hours of work at $250.00 per hour for each motion plus three $60.00 filing fees, to be paid within 30 days of the date 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 17th day of January 2024