Judge Lee W. Tsao, Case Number: 23NWCV00151, Date: 2024-08-06 Tentative Ruling

Judge: Lee W. Tsao, Case: 23NWCV00151, Date: 2024-08-06 Tentative Ruling

Case Number: 23NWCV00151 Hearing Date: August 6, 2024 Dept: C

The Ted Herz, LLC vs Javier Quezada Sanchez

Case No.: 24NWCV00151

Hearing Date: August 6, 2024 @ 10:30 a.m.

Tentative Ruling

Plaintiff The Ted Herz, LLC’s unopposed Motions to Compel Discovery as to Form Interrogatories, Set One, Special Interrogatories, Set One, and Request for Production of Documents, Set One is GRANTED. Sanctions are imposed upon Defendant and Counsel, jointly and severally, in the reasonable amount of $910.00, inclusive of costs, payable within 60 days.

Plaintiff to give notice.

Background

On January 16, 2024, Plaintiff The Ted Herz, LLC (“Plaintiff”) filed a Complaint for Breach of Contract against Defendant Javier Quezada Sanchez (“Defendant”).

On March 19, 2024, Plaintiff served Defendant with Form Interrogatories, Set One, Special Interrogatories, Set One, and Request for Production of Documents, Set One, by email. (Burton Decl., ¶ 2.)

On June 3, 2024, Plaintiff filed the instant Motions.

On June 20, 2024, the Court granted Plaintiff’s ex parte application to advance the hearing from January 14, 2025 to today’s date.

To date, verified responses have not been severed upon Plaintiff. (Burton Decl., ¶ 3.)

As of August 2, 2024, the motions are unopposed.

As a preliminary matter, Plaintiff has filed three motions to compel responses to discovery in a single document. Counsel is advised that each motion should be filed separately and filing fees should be paid for each motion. In the interests of judicial efficiency, the Court will consider each motion on the merits.

Legal Standard

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 who propounded the discovery request may bring a motion to compel and the court shall impose a monetary sanction against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a response to a demand for production of documents or interrogatories, unless the court finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. (Code Civ. Proc., § 2031.300, subd. (c); Code Civ. Proc., § 2030.290, subd. (c).)

Discussion

Plaintiff served all discovery requests on March 19, 2024. (Burton ¶ 2.)

Plaintiff’s attorney of record declares that as of June 3, 2024, Defendants have not responded to any of the discovery requests or conferred with Plaintiff about the status of the responses. (Id., ¶ 6.)

Because Defendant has failed to respond to the discovery requests, Defendant is compelled to respond to the Request for Production of Documents, Set One, Form Interrogatories, Set One, and Special Interrogatories, Set One, without objection, including objections based on privilege or on the protection for work product. (Code Civ. Proc., § 2031.300 subd. (a); Code Civ. Proc., § 2030.290, subd. (a).) For interrogatories, the failure to respond also waives any right to exercise the option to produce writings under Code of Civil Procedure section 2030.230.

Thus, Plaintiff’s Motions are GRANTED.

A. Sanctions

Failure to respond to discovery requests is misuse of the discovery process subject to sanctions. (Code Civ. Proc., § 2023.010.) The court is required to award monetary sanctions against Defendant unless Defendant can show they “acted with substantial justification or that other circumstances make the imposition of the sanction unjust.” (Code Civ. Proc., § 2031.300, subd. (c); Code Civ. Proc., § 2030.290, subd. (c).) The monetary sanction shall be in the amount of “the reasonable expenses, including attorney's fees, incurred by anyone as a result of that conduct.” (Code Civ. Proc., § 2023.030.) Counsel for Defendant requests two separate awards of sanctions.

Given the simplicity of the motions and the lack of opposition, the Court imposes sanctions in the reasonable amount of $910.00, inclusive of costs, upon Defendant and Counsel, jointly and severally, payable within 60 days.