Judge: Lisa R. Jaskol, Case: 22STCV01209, Date: 2023-12-05 Tentative Ruling

Case Number: 22STCV01209    Hearing Date: December 26, 2023    Dept: 28

Having considered the moving, opposition, and reply papers, the Court rules as follows. 

BACKGROUND 

On January 12, 2022, Plaintiff Scottsdale Insurance Company (“Plaintiff”) filed this action against Defendants Creative Care, Inc. (“Defendant”) and Does 1-50 for general negligence. 

On April 28, 2022, Defendant filed an answer. 

On October 31, 2023, Plaintiff filed a motion to compel further responses to special interrogatories, set one, and request for sanctions.  The motion was set for hearing on November 30, 2023.  On November 15, 2023, Defendant filed an opposition and request for sanctions.  On November 21, 2023, Plaintiff filed a reply.  On December 8, 2023, Defendant filed an amended opposition. The Court continued the hearing to December 26, 2023. 

Trial is currently scheduled for January 16, 2024. 

TIMELINESS OF MOTION 

“Unless notice of [a motion to compel further responses to interrogatories] is given within 45 days of the service of the verified response, or any supplemental verified response, or on or before any specific later date to which the propounding party and the responding party have agreed in writing, the propounding party waives any right to compel a further response to the interrogatories.”  (Code Civ. Proc., § 2030.300, subd. (c).) 

If the response are served electronically, Code of Civil Procedure section 1010.6 extends the 45-day deadline by two court days. (Code Civ. Proc., § 1010.6, subd. (a)(3)(B) [extending by two court days “any right or duty to do any act or make any response within any period or on a date certain after the service of the document … by electronic means”]; see Kahn v. The Dewey Group (2015) 240 Cal.App.4th 227, 235-236.)  

“[T]he time within which to make a motion to compel production of documents is mandatory and jurisdictional just as it is for motions to compel further answers to interrogatories.”  (Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410.) The 45-day deadline “is ‘jurisdictional’ in the sense that it renders the court without authority to rule on motions to compel other than to deny them.”  (Ibid.) 

Here, Defendant electronically served objections to the interrogatories on August 25, 2023.  The Court is not aware of any agreement to extend the deadline to file this motion. Therefore, the deadline for a motion to compel further responses was October 11, 2023.  Plaintiff filed the motion on October 31, 2023.  The motion is untimely. 

The Court denies the motion. 

SANCTIONS 

“The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a further response to interrogatories, unless it 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., § 2030.300, subd. (d).) 

          Defendant requests $2,500 in sanctions based on five hours of attorney time at a rate of $500 per hour.  The Court awards sanctions of $750 based on three hours of attorney time at a reasonable rate of $250 per hour. 

CONCLUSION 

          The Court DENIES Plaintiff Scottsdale Insurance Company’s motion to compel further responses to special interrogatories, set one, and for sanctions. 

          The Court GRANTS Defendant Creative Care, Inc.’s request for sanctions and orders Plaintiff Scottsdale Insurance Company and its counsel to pay Defendant Creative Care, Inc. $750 by January 25, 2024.

Moving party is ordered to give notice of this ruling.

Moving party is ordered to file proof of service of this ruling with the Court within five days.