Judge: Lisa R. Jaskol, Case: 22STCV20180, Date: 2024-04-25 Tentative Ruling
Case Number: 22STCV20180 Hearing Date: April 25, 2024 Dept: 28
Having considered the moving papers, the Court rules as follows.
BACKGROUND
On June 21, 2022, Plaintiff Andrew Leeka (“Plaintiff”) filed this action against City of Los Angeles (“Defendant”) and Does 1-50 for premises liability.
On August 31, 2022, Plaintiff filed a first amended complaint.
On September 7, 2022, Plaintiff filed a substitution of attorney substituting himself as a self-represented litigant in place of his former attorney.
On December 19, 2023, Defendant filed an answer and a cross-complaint against Cross-Defendants Roes 1-20 for apportionment of fault, indemnification, and declaratory relief.
On March 19, 2024, Defendant filed (1) a motion to compel Plaintiff’s responses to a demand for inspection and production of documents and for sanctions and (2) a motion to compel Plaintiff’s responses to interrogatories and for sanctions. The motions were set to be heard on April 25, 2024. Plaintiff has not filed oppositions.
Trial is currently scheduled for February 28, 2025.
PARTY’S REQUESTS
Defendant asks the Court to compel Plaintiff’s responses to a demand for inspection and production of documents and to interrogatories. Defendant also asks the Court to impose sanctions on Plaintiff.
LEGAL STANDARD
A. Inspection demand
Code of Civil Procedure section 2031.300 provides:
“If a party to whom a demand for inspection, copying, testing, or sampling is directed fails to serve a timely response to it, the following rules shall apply:
“(a) 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 court, on motion, may relieve that party from this waiver on its determination that both of the following conditions are satisfied:
“(1) The party has subsequently served a response that is in substantial compliance with Sections 2031.210, 2031.220, 2031.230, 2031.240, and 2031.280.
“(2) The party’s failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect.
“(b) The party making the demand may move for an order compelling response to the demand.
“(c) Except as provided in subdivision (d), 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 response to a demand for inspection, copying, testing, or sampling, 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. If a party then fails to obey the order compelling a response, the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction under Chapter 7 (commencing with Section 2023.010). In lieu of or in addition to this sanction, the court may impose a monetary sanction under Chapter 7 (commencing with Section 2023.010).
“(d) (1) Notwithstanding subdivision (c), absent exceptional circumstances, the court shall not impose sanctions on a party or any attorney of a party for failure to provide electronically stored information that has been lost, damaged, altered, or overwritten as a result of the routine, good faith operation of an electronic information system.
“(2) This subdivision shall not be construed to alter any obligation to preserve discoverable information.”
(Code Civ. Proc., § 2031.300.)
B. Interrogatories
Code of Civil Procedure section 2030.290 provides:
“If a party to whom interrogatories are directed fails to serve a timely response, the following rules apply:
“(a) 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 court, on motion, may relieve that party from this waiver on its determination that both of the following conditions are satisfied:
“(1) The party has subsequently served a response that is in substantial compliance with Sections 2030.210, 2030.220, 2030.230, and 2030.240.
“(2) The party’s failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect.
“(b) The party propounding the interrogatories may move for an order compelling response to the interrogatories.
“(c) 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 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. If a party then fails to obey an order compelling answers, the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction under Chapter 7 (commencing with Section 2023.010). In lieu of or in addition to that sanction, the court may impose a monetary sanction under Chapter 7 (commencing with Section 2023.010).”
(Code Civ. Proc., § 2030.290.)
DISCUSSION
On December 19, 2023, Defendant served a demand for inspection and production of documents, set one, special interrogatories, set one, and form interrogatories, set one, on Plaintiff. Plaintiff did not provide timely responses and had not provided responses by the time Defendant filed these motions.
The Court grants Defendant’s motion to compel responses to the demand for inspection and production of documents and orders Plaintiff to provide verified code-compliant responses without objections and to produce the documents, electronically stored information, and/or other things requested without objections by May 24, 2024.
The Court grants Defendant’s motion to compel responses to the special and form interrogatories and orders Plaintiff to provide verified code-compliant responses to the special and form interrogatories without objections by May 24, 2024.
Defendant requests sanctions on the motions to compel responses to the demand for inspection and production of documents, special interrogatories, and form interrogatories. Under Code of Civil Procedure sections 2030.290 and 2031.300, sanctions are available against parties, persons, and attorneys who unsuccessfully make or oppose a motion to compel a response to interrogatories or requests for production. (See Code Civ. Proc., §§ 2030.290, subd. (c) [interrogatories], 2031.300, subd. (c) [demand for inspection].) Plaintiff did not make or oppose a motion to compel responses to interrogatories or a demand for inspection. Therefore, sanctions are not available under these statutes.
Other statutes addressing misuse of the discovery process do not, by themselves, authorize a sanctions award for these motions. (See Code Civ. Proc, § 2023.010.) Code of Civil Procedure section 2023.010 is “ ‘definitional’ and monetary sanctions may not be imposed based solely on [the statute]. Monetary sanctions may be imposed only if authorized by some other provision of the Discovery Act.” (L. Edmon & C. Karnow, Cal. Practice Guide: Civil Procedure Before Trial (Rutter 2023) ¶ 8:1900, p. 8M-2; see Code Civ. Proc., § 2023.030 [court may impose sanctions for misuse of the discovery process “[t]o the extent authorized by the chapter governing any particular discovery method or other provision of this title”]; City of Los Angeles v. PricewaterhouseCoopers, LLC (2022) 84 Cal.App.5th 466, 498-504, review granted Jan. 23, 2023 with order permitting citation of opinion for its persuasive value and to establish the existence of a conflict in authority that would “allow trial courts to exercise discretion . . . to choose between sides of any such conflict.”)
California Rules of Court, rule 3.1348(a), provides: “The court may award sanctions under the Discovery Act in favor of a party who files a motion to compel discovery, even though no opposition to the motion was filed . . . .” (Cal. Rules of Court, rule 1348(a).) “ ‘Rules of court have the force of law and are as binding as procedural statutes as long as they are not inconsistent with statutory or constitutional law.’ ” (Fidelity National Home Warranty Company Cases (2020) 46 Cal.App.5th 812, 842, fn. 41, quoting In re I.V. (2017) 11 Cal.App.5th 249, 256.) Interpreting rule 3.1348(a) to authorize an award of sanctions here would be inconsistent with Code of Civil Procedure sections 2030.290 and 2031.300.
The Court denies Defendant’s request for sanctions.
The Court GRANTS Defendant City of Los Angeles’s motion to compel responses to the demand for inspection and production of documents, set one, and orders Plaintiff Andrew Leeka to provide verified code-compliant responses without objections and to produce the documents, electronically stored information, and/or other things requested without objections by May 24, 2024.
The Court GRANTS Defendant City of Los Angeles’s motion to compel responses to form interrogatories, set one, and orders Plaintiff Andrew Leeka to provide verified code-compliant responses to the form interrogatories without objections by May 24, 2024.
The Court DENIES Defendant City of Los Angeles’s requests for sanctions.
Moving
party is to give notice of the Court’s ruling.
Moving party is to file proof of service of the Court's ruling within five days.