Judge Lee W. Tsao, Case Number: 23NWCV01402, Date: 2024-01-03 Tentative Ruling

Judge: Lee W. Tsao, Case: 23NWCV01402, Date: 2024-01-03 Tentative Ruling

Case Number: 23NWCV01402 Hearing Date: January 3, 2024 Dept: C

ourique v. new rez

CASE NO.: 23NWCV01402

HEARING: 1/3/24 @ 9:30 AM

Defendant’s Motions to Compel are GRANTED.

Moving Party to give NOTICE.

Defendant New Rez, LLC (Defendant) moves for an order compelling responses to its discovery.

Background

Plaintiffs Carlos Ourique and Kristen Ourique (collectively Plaintiffs) filed a Complaint against Defendants New Rez, LLC and The Bank of New York Mellon for violation of the foreclosure protection statutes, CCP § 2923.5, et seq.

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 its Form Interrogatories (sets one and two), Special Interrogatories (set one), Requests for Admission (set one), and Requests for Production (set one) (Written Discovery) on September 15, 2023. Responses were due on October 27, 2023. As of the date of this hearing, despite numerous meet and confer efforts, Plaintiff Carlos Ourique has not served responses to the Written Discovery. Thus, Plaintiff Carlos Ourique 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 $2,370.00 in sanctions consisting of $790.00 for each of the three Motions. Each Motion seeks one hour for drafting the Motion and one hour for reviewing the opposition and attending the hearing. The Motions were not opposed and will be heard together. Thus, sanctions will be awarded in the reduced amount of $1,580.00.

Additionally, Plaintiffs’ counsel has opposed sanctions against his office because he filed Motions to be Relieved as Counsel prior to Defendant filing these Motions. Plaintiffs’ counsel argues that Plaintiffs have been uncooperative and failed to meet with counsel to discuss discovery. The Court finds good cause to not impose sanctions on Plaintiffs’ counsel.

Accordingly, Defendant’s Motions to Compel are GRANTED. Plaintiff Carlos Ourique is ordered to serve verified responses to Defendant’s Form Interrogatories, Special Interrogatories, and Requests for Production without objections within twenty days of this Order. Defendant’s request for sanctions is GRANTED and imposed against Plaintiff Carlos Ourique in the reduced amount of $1,580.00. This sanction is to be paid within thirty days of this Order.