Judge: Mark A. Young, Case: 23SMCV00072, Date: 2023-11-28 Tentative Ruling
Case Number: 23SMCV00072 Hearing Date: November 28, 2023 Dept: M
CASE NO.: 23SMCV00072
MOTION: Motion
to Compel Initial Discovery Responses
HEARING DATE: 11/28/2023
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
Here, Defendant propounded discovery
on Plaintiff, which included Form Interrogatories, on June 13, 2023. (Bouche
Decl., ¶¶ 2-4.) Responses were due on July 17, 2023. (Id.) Defense counsel requested
that responses be served within ten days. (Id.) To date, Plaintiff has not
responded to the subject discovery or to counsel’s attempts to meet and confer
regarding the outstanding discovery. Given Plaintiff’s failure to respond, the
motion to compel is GRANTED. Responses
are due, without objection, 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).) Plaintiff
failed to oppose the motion and therefore failed to justify their non-response
to the discovery. Defendant requests $660.00 in sanctions.
Accordingly, Defendant’s request
for sanctions is GRANTED in the amount of $660.00, inclusive of costs, against Plaintiff
and Plaintiff’s counsel of record, Hesam Yazdanpanah, Esq. and the Law Offices
of D. Hess Panah & Associates, jointly and severally. Sanctions to be paid
to MP’s counsel within 30 days.