Judge: Lynne M. Hobbs, Case: 21STCV35472, Date: 2025-04-16 Tentative Ruling

Case Number: 21STCV35472    Hearing Date: April 16, 2025    Dept: 61

RICHARD PEREZ, INDIVIDUALLY AND AS SUCCESSOR-IN-INTEREST TO DECEDENT, RUDY PEREZ, et al. vs EMANATE HEALTH INTER-COMMUNITY HOSPITAL, et al.

Tentative

Emanate Health Inter-Community Hospital’s Motions to Compel Responses to Requests for Production and Form and Special Interrogatories from Plaintiffs Ricahrd Perez and Gina Perez, individually and as successors in interest to Decendent Rudy Perez, is GRANTED. The compelled responses are ordered served within 20 days. Sanctions are awarded against Plaintiffs in the mount of $735.00, payable within 60 days.

Moving party to give notice.

Analysis

I. MOTION TO COMPEL

A propounding party may demand a responding party to produce documents that are in their possession, custody or control. (Code Civ. Proc., § 2031.010.) A party may likewise conduct discovery by propounding interrogatories to another party to be answered under oath. (Code Civ. Proc. § 2030.010, subd. (a).) The responding party must respond to the production demand either by complying, by representing that the party lacks the ability to comply, or by objecting to the demand. (Code Civ. Proc., § 2031.210.) The responding party must respond to the interrogatories by answering or objecting. (Code Civ. Proc. § 2030.210, subd. (a).) If the responding party fails to serve timely responses, the propounding party may move for an order compelling responses to the production demand and interrogatories. (Code Civ. Proc., §§ 2030.290, 2031.300.) A party who fails to serve a timely response to interrogatories or a demand for inspection waives any objection to the demand. (Code Civ. Proc., §§ 2030.290, 2031.300.)

Defendant Emanate Health Inter-Community Hospital (Emanate) served form and special interrogatories and requests for production on Plaintiffs Richard and Gina Perez, individually and as successors in interest to decedent Rudy Perez (Plaintiffs) on May 17, 2024, with responses due by June 22, 2024. (Thies Decl. ¶¶ 3–6.) Despite Emanate’s meet-and-confer efforts, no responses to the discovery have been provided. (Thies Decl. ¶¶ 7–8.)

Emanate has shown that discovery was served, and no responses have been provided. No opposition to the motions has been filed. The motions to compel are therefore GRANTED.

II. SANCTIONS

The prevailing party on a motion to compel is generally entitled to monetary sanctions, 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. §§ 2030.290, 2031.300.) Sanctions are also mandatory against a party whose failure to serve responses to requests for admission makes the motion necessary. (Code Civ. Proc. § 2033.280, subd. (c).)

Emanate seeks $900.50 in connection with each of its two motions to compel, each representing 4.5 hours of attorney work at $225 per hour, for a total sanctions request of $1,801.00. (Ties Decl. ¶ 13.) This includes work performed preparing a reply to oppositions that were never filed. (Ibid.)

The Court awards sanctions in the reduced amount of $735.00.