Judge: Margaret L. Oldendorf, Case: 21STCV07453, Date: 2023-11-08 Tentative Ruling


Case Number: 21STCV07453    Hearing Date: November 8, 2023    Dept: P

 

 

 

 

 

 

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES

NORTHEAST DISTRICT

 

JONATHAN LENOX,

 

                                            Plaintiff,

vs.

 

TROY THOMAS MILLER, an individual; TERRI MILLER, an individual; DAKOTA PICTURES, INC., a California corporation; STUDIO CITY PLAZA LTD. aka STUDIO CITY LIMITED PARTNERSHIP, a California limited partnership; TRANSWESTERN PROPERTY COMPANY WEST, INC., a Texas corporation; and DOES 1 to 25, inclusive,

 

                                          Defendants.

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Case No.:  21STCV07453

 

 

[TENTATIVE] ORDER GRANTING DEFENDANT MILLER’S MOTIONS TO COMPEL PLAINTIFF’S RESPONSES TO SPECIAL INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS, AND REQUEST FOR MONETARY SANCTIONS

 

 

Date:   November 8, 2023

Time:  8:30 a.m.

Dept.:  P

 

I.        INTRODUCTION

          In this personal injury action, Plaintiff Jonathan Lenox (Lenox) alleges that while he was performing his duties as a security guard for Motion Picture Health and Pension Plans, Defendant Troy Thomas Miller (Miller) ignored his hand signal to stop and instead drove his vehicle directly into Lenox and then sped away, leaving him with severe injuries.

          Before the Court are the two discovery motions by Miller filed October 11, 2023, seeking orders compelling Lenox to provide responses to Special Interrogatories, Set Three, and Request for Production of Documents, Set Three. The motions are unopposed, and are granted.

 

          II.      LEGAL STANDARD

          Code Civ. Proc. Section 2030.290 provides that when a party to whom interrogatories have been propounded fails to serve a timely response, that party waives any objection to the interrogatories.  It further provides that the propounding party may move for an order compelling responses. Subdivision (c) provides for monetary sanctions in connection with such motion. (CCP § 2030.290.)

          Code Civ. Proc. Section 2031.300 provides that when a party to whom an inspection demand has been propounded fails to serve a timely response, that party waives any objection to the inspection demand; it further provides that the propounding party may move for an order compelling a response to the demand. Subdivision (c) provides for monetary sanctions in connection with such motion. (CCP § 2031.300.)

 

          III.     DISCUSSION

          A. Motions

          On May 22, 2023, Miller served Lenox with a Request for Production of Documents, Set 3 and Special Interrogatories, Set Three via electronic service. Responses were due June 23, 2023. When no responses were received, defense counsel emailed courtesy copies of the discovery requests to Plaintiff’s counsel on July 14, 2023. (Camacho Decl. ¶ 4, referencing Exh. B.) Defense counsel then reached out again by email to Plaintiff’s counsel on September 20, 2023. (Camacho Decl. ¶ 5, referencing Exh. C.) Plaintiff’s counsel did not respond. (Camacho Decl. ¶ 6.) As of the date this motion was filed, Lenox has not provided responses.

          Based on this record, Miller is entitled to the relief requested.

          B. Sanctions

          Miller requests monetary sanctions in the amount of $630.00 for each of the two motions. Miller’s counsel, James Fischer, declares that he spent 2 hours preparing each motion, anticipates 1 hour to be spent at the hearing on each motion and paid $60.00 for the filing fee for each motion. (Fischer Decl. ¶ 2.) His hourly rate is $190. (Id.) Multiplying $630 by two yields $1260.00, the total amount of sanctions requested, for both the motions.

          The Court finds that 5 hours (2 hours per motion for motion preparation and 1 hour total for appearance at the hearing) at the hourly rate of $190 is reasonable. 5 hours x $190/hour = $950.00. Adding two $60 filing fees brings the total to $1,070.00.  

 

          IV.     ORDER

          Lenox is ordered to provide code compliant, verified responses without objection to Special Interrogatories, Set Three, and Requests for Production of Documents, Set Three, within 10 days of notice of this order. Lenox is further ordered to pay monetary sanctions in the amount of $1,070.00 to the moving party within 30 days of notice of this order.      Miller is ordered to provide notice of this ruling.

 

         

 

Dated: ____________                            ___________________________________

                                                                      MARGARET L. OLDENDORF

                                                                  JUDGE OF THE SUPERIOR COURT