Judge: Lee W. Tsao, Case: 23NWCV02287, Date: 2024-05-21 Tentative Ruling

Case Number: 23NWCV02287    Hearing Date: May 21, 2024    Dept: C

J.V.C. Truck Lines, Inc. vs. E. Mishan & Sons., Inc.

Case No.: 23NWCV02287

Hearing Date: May 21, 2024 @ 9:30 AM

#5

Tentative Ruling

Plaintiff J.V.C. Truck Lines, Inc.’s Motion to Compel Request for Production of Documents (Set One) and Request for Special Interrogatories (Set Two) are MOOT.  Sanctions are imposed upon Defendant and Counsel, jointly and severally, in the reasonable sum of $1,170.00, payable within 60 days. 

Moving party to give notice.

Background

This is a breach of contract action which alleges that Plaintiff J.V.C. Truck Lines, Inc. (“Plaintiff”) delivered goods for Defendant E. Mishan & Sons., Inc. (“Defendant”) in exchange for payment from May 4, 2020 to May 31, 2022.  The Complaint alleges that Defendant failed to pay amounts associated with the delivery of goods for a total of $1,122,378.88.

On October 18, 2023, Plaintiff served Request for Production of Documents and Things, Set One, on Defendant. On December 15, 2023, Plaintiff served Special Interrogatories, Set Two, on Defendant. No responses were received as of the filing of the motion.

Legal Standard

A party may make a demand for production of documents and propound interrogatories without leave of court at any time 10 days after the service of the summons on, or appearance by, the party to whom the demand is directed, whichever occurs first. (Code Civ. Proc., § 2031.020, subd. (b); Code Civ. Proc., § 2030.020, subd. (b).) The demand for production of documents is not limited by number, but the request must comply with the formatting requirements in Code of Civil Procedure section 2031.030.

The party whom the request is propounded upon is required to respond within 30 days after service of a demand, but the parties are allowed to informally agree to an extension and confirm any such agreement in writing. (Code Civ. Proc., § 2031.060, subd. (a); Code Civ. Proc., § 2030.060, subd. (a); Code Civ. Proc., § 2031.070, subd. (a) – (b); Code Civ. Proc., § 2030.070, subd. (a) – (b).)

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 October 18, 2023, Plaintiff served Request for Production of Documents and Things, Set One, and Special Interrogatories, Set One, on Defendant.   

On December 15, 2023, Plaintiff served Special Interrogatories, Set Two, on Defendant. The documents requested include documents that support the “Customer Chargebacks” identified in the Bill of Particulars and how the calculations set forth in the Bill of Particulars were determined.

Written responses to the Request for Production were due on or before November 21, 2023. (See C.C.P. § 1010.6(a)(2)(B).) Written responses to the Special Interrogatories were due on or before January 18, 2024. (See C.C.P. § 1010.6(a)(2)(B).) Plaintiff asserts that no written responses have been served by opposing counsel.

In opposition, Defendant contends that on April 17, 2024, it provided complete verified responses, without objection, to Plaintiff’s second set of special interrogatories and first set of request for production of documents. Defendant argues that the motion is now moot.

The Court notes the responses were provided April 17, 2023, one-half year after the Request for Production was propounded and four months after the Special Interrogatories were propounded. In reply, Plaintiff does not contest that discovery was provided. Accordingly, the Court finds the motions are MOOT.

Sanctions

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).)

Plaintiff requests sanctions in the combined amount of $11,740.00.  That amount is excessive.  Given the simplicity of the motions and their overlapping content, sanctions are imposed upon Defendant and Counsel, jointly and severally, in the reasonable sum of $1,170.00, payable within 60 days.