Judge Lee W. Tsao, Case Number: 21NWCV00073, Date: 2023-09-06 Tentative Ruling

Judge: Lee W. Tsao, Case: 21NWCV00073, Date: 2023-09-06 Tentative Ruling

Case Number: 21NWCV00073 Hearing Date: September 6, 2023 Dept: C

MAte v. Jerry Staffing, et al.

CASE NO.: 21NWCV00073

HEARING: 9/6/23 @ 10:30 AM

Defendant’s unopposed Motion to Compel and request for sanctions are GRANTED.

Moving Party to give NOTICE.

Defendant Jerry Staffing LLC (Defendant) moves for an order to compel responses to its written discovery pursuant to CCP §§ 2030.290 and 2031.300.

Background

Plaintiff filed a Complaint against Defendants Jerry Staffing LLC and The Healthcare Center of Downey, LLC for: (1) Wrongful Termination; (2) Unfair Business Practices; (3) Failure to Pay Overtime Wages; (4) Failure to Provide Rest Periods; (5) Failure to Keep Time Records; (6) Waiting Time Penalties; (7) Pay Stub Violations; (8) Intentional Infliction of Emotional Distress; and (9) PAGA claims.

Legal Standard

“If a party to whom interrogatories are directed fails to serve a timely response …. The party to whom the interrogatories are directed waives any right to exercise the option to produce writings under Section 2030.230, as well as any objection to the interrogatories, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010) …. The party propounding the interrogatories may move for an order compelling response to the interrogatories.” (CCP § 2030.290.)

“If a party to whom a demand for inspection, copying, testing, or sampling is directed fails to serve a timely response to it …. The party to whom the demand for inspection, copying, testing, or sampling is directed waives any objection to the demand, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010) …. The party making the demand may move for an order compelling response to the demand.” (CCP § 2031.300.)

Discussion

Here, Defendant served General Form Interrogatories, Employment Form Interrogatories, and Requests for Production (Written Discovery) on February 28, 2022. Plaintiff’s responses were due on April 4, 2022. As of the time of this hearing, despite numerous meet and confer efforts, Plaintiff has not served responses to the Written Discovery. Thus, Plaintiff is ordered to serve verified responses to the Written Discovery without objections.

Sanctions

Sanctions are mandatory against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a response to interrogatories unless the one subject to sanctions acted with substantial justification or other circumstances make the imposition of sanctions unjust. (CCP §§ 2030.290(c), 2031.300(c).) Sanctions may be awarded, even though no opposition is filed pursuant to CRC 3.1348(a).

Defendant seeks $4,800.00 in sanctions against Plaintiff, and her counsel of record, consisting of five hours by Kendall Cole at a rate of $380.00 for preparing the motion and five hours by Selwyn Chu at a rate of $565.00 for reviewing the opposition, drafting a reply, and preparing for and attending the hearing. Given the routine nature of the motion and the lack of opposition, the court reduces the amount of sanctions to a reasonable sum of $2000.00.

Accordingly, Defendant’s Motion to Compel is GRANTED. Plaintiff Ma Cielo Mate is ordered to serve verified responses to Defendant’s General Form Interrogatories (set one), Employment Form Interrogatories (set one), and Requests for Production (set one) without objections within twenty days of this Order. Defendant’s request for sanctions is GRANTED and imposed against Plaintiff and his counsel of record, jointly and severally, in the reduced amount of $2,000.00. This sanction is to be paid within twenty days of this Order.