Judge: Lynne M. Hobbs, Case: 19STCV46013, Date: 2023-10-26 Tentative Ruling

Case Number: 19STCV46013    Hearing Date: February 23, 2024    Dept: 30

KRISTY ALLEN, AN INDIVIDUAL vs JORGE HERNANDEZ, AN INDIVIDUAL, et al.

TENTATIVE

Defendant MV Transportation, Inc.’s motion to compel responses to request for production, set four, and set five, and supplemental request for production, is GRANTED.

The court orders Plaintiff Kristy Allen to serve verified responses, without objections, to the discovery at issue within 20 days of this order.

Defendant’s request for sanctions is DENIED.

Defendant is ordered to pay $120 in filing fees to the Court within 20 days for the two additional motions it should have filed.

Moving party is ordered to give notice.

Discussion

On February 3, 2023, Defendant propounded on Plaintiff, Request for Production, Set Four. (Hsieh Decl., Exh. A.) On April 5, 2023, Defendant propounded on Plaintiff Supplemental Request for Production. (Id., Exh. C.) On April 10, 2023, Defendant propounded on Plaintiff Request for Production, Set Five. (Id., Exh. D.) To date, no responses have been forthcoming.

As Defendant properly served the discovery requests and Plaintiff failed to serve responses, the Court finds Defendant is entitled to a court order directing Plaintiff to provide verified responses without objections to the discovery at issue served on Plaintiff. Therefore, the motion is granted.

Defendant also requests sanctions. Code of Civil Procedure section 2030.290(c) mandates that the Court impose sanctions when the motion is unsuccessfully opposed. Here, as the motions were not opposed, the request for sanctions is denied.

Defendant’s request for sanctions under CCP section 2023.010 for the misuse of discovery is also denied, as "sections 2023.010 and 2023.030 do not independently authorize the trial court to impose monetary sanctions for misuse of discovery.” (City of Los Angeles v. PricewaterhouseCoopers, LLC (2022) 84 Cal.App.5th 466, 504.)

Lastly, Defendant has filed one motion, seeking an order to compel three sets of discovery. As a result, Defendant is ordered to pay $120 in filing fees to the Court within 20 days for the two additional motions it should have filed.