Judge Lee W. Tsao, Case Number: 23NWCV02197, Date: 2024-11-19 Tentative Ruling

Judge: Lee W. Tsao, Case: 23NWCV02197, Date: 2024-11-19 Tentative Ruling

Case Number: 23NWCV02197 Hearing Date: November 19, 2024 Dept: C

Bryan Miranda vs Luis Hernandez

Case No.: 23NWCV02197

Hearing Date: November 19, 2024 @ 9:30 a.m.

Tentative Ruling

Defendant Luis Hernandez’s Motions to Compel Responses to Request for Production of Documents (Set One) and Form Interrogatories (Set One) are GRANTED. The Court imposes sanctions in the amount of $645.00 upon Plaintiff and Plaintiff’s counsel, jointly and severally, payable within 60 days.

Defendant to give notice.

Background

This is a personal injury action. On July 17, 2023, Plaintiff Bryan Miranda (“Plaintiff”) filed a Complaint against Defendant Luis Hernandez (“Defendant”) alleging a sole cause of action for negligence arising from a motor vehicle accident that occurred on or about August 27, 2021.

Defendant moves to compel responses to Request for Form Interrogatories, Set One, and Request for Production of Documents, Set One. Defendant also seeks sanctions.

As of November 15, 2024, no opposition has been filed.

Legal Standard

If a party to whom interrogatories and document demands are directed fails to respond at all, the propounding party’s remedy is to seek a court order compelling answers thereto. (CCP §§ 2030.290, 2031.300.) All that needs to be shown is that the discovery was properly served on the opposing party, that the time to respond has expired, and that no response of any kind has been served. The moving party is not required to show a reasonable and good faith attempt to resolve the matter informally before filing this motion. A motion to compel initial discovery responses need not show good cause, meeting and conferring, or timely filing, and need not be accompanied by a separate statement. (See Sinaiko Healthcare Consulting, Inc. v. Pac. Healthcare Consultants (2007) 148 Cal.App.4th 390, 404.)

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).)

Discussion

On November 15, 2023, Defendant served Form Interrogatories, Set One, and Production of Documents, Set One. (Magnus Decl., Ex. A.) Despite meet and confer efforts, no response had been received from Plaintiff as of May 15, 2024, the date the instant motions were filed. (Magnus Decl., ¶ 8.)

Defendant’s motions to compel responses to Request for Production of Documents (Set One) and Form Interrogatories (Set One) are GRANTED. Plaintiff Santos is ordered to provide verified responses without objection, including objections based on privilege or the protection for work product, within 30 days.

Sanctions

Misuse of the discovery process constituting conduct subject to sanctions include “failing to respond or to submit to an authorized method of discovery” and “failing to confer in person, by telephone, or by letter with an opposing party or attorney in a reasonable and good faith attempt to resolve informally any dispute concerning discovery.” (Code Civ. Proc., § 2023.010, subds. (d) and (i).) The court may impose a monetary sanction ordering that one engaging in the misuse of the discovery process, or any attorney advising that conduct, or both pay the reasonable expenses, including attorney's fees, incurred by anyone as a result of that conduct. (Code Civ. Proc., § 2023.030, subd. (a).)

Defendant requests sanctions in the amount of $585.00 for each motion, or $1,170.00 in total for (2 hours preparing the motion and 2 hours to attend the hearing at a rate of $175.00 plus reimbursement of the $60.00 filing fees). Because the motions are unopposed and substantially similar to each other, the Court imposes sanctions in the total amount of $645.00 upon Plaintiff and Plaintiff’s counsel, jointly and severally, payable within 60 days.