Judge: Mark A. Young, Case: 21STCV02657, Date: 2023-04-25 Tentative Ruling

Case Number: 21STCV02657    Hearing Date: April 25, 2023    Dept: M

CASE NAME:           Sanchez, v. Mizban, et al.

CASE NO.:                21STCV02657

MOTION:                  Motion to Compel Initial Discovery Responses

HEARING DATE:   4/25/2023

Legal Standard

If a party to whom interrogatories are directed fails to serve a timely response, the propounding party may move for an order compelling responses and for a monetary sanction. (CCP § 2030.290(b).) The statute contains no time limit for a motion to compel where no responses have been served. All that need be shown in the moving papers is that a set of interrogatories was properly served on the opposing party, that the time to respond has expired, and that no response of any kind has been served. (Leach v. Superior Court (1980) 111 Cal. App. 3d 902, 905-906.) 

Analysis

            Defendant Mizban (“MP”) moves to compel initial discovery responses from Plaintiff Sanchez (“RP”) as to form and special interrogatories. No opposition was filed.

            On October 12, 2022, Defendant Nasser Mizban served Form Interrogatories, Set Two, and Special Interrogatories, Set Three, to Plaintiff. On November 14, 2022, Plaintiff served responses to this discovery that were unverified. Unverified responses to discovery are not considered responses at all. (Appleton v. Superior Court (1988) 206 Cal.App.3d 632.) Given RP’s failure to respond with verified responses, the motions to compel are GRANTED.  Verified responses are ordered within 10 days. 

Monetary sanctions are mandatory unless the imposition of sanctions would be unjust or the party subject to the sanctions acted with substantial justification. (CCP §§ 2030.290(c).) RP has failed to respond and therefore failed to justify their non-response to the discovery.

MP requests $1,035.00 and $645.00 in sanctions, which account for 5 hours as to the special interrogatories, and 3 hours as to the form interrogatories, at $195.00 per hour, plus two $60 filing fees. However, there was no opposition, and thus no need to reply. Thus, the requested fees include time that was not reasonably spent. Accordingly, MP’s request for sanctions is GRANTED in the reduced total amount of $705.00, inclusive of costs, against RP and RP’s counsel of record, Peter Hakim and Downtown L.A. Law Group, jointly and severally. Sanctions to be paid to MP’s counsel within 30 days.