Judge: Mark E. Windham, Case: 20STLC00788, Date: 2023-01-25 Tentative Ruling

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Case Number: 20STLC00788    Hearing Date: January 25, 2023    Dept: 26

Arteaga v. Navarro’s Towing, LLC, et al.

MOTION TO COMPEL RESPONSES TO DEMAND FOR PRODUCTION

AND REQUEST FOR MONETARY SANCTIONS

 (CCP § 2031.300)

TENTATIVE RULING:  

           

Defendants Navarro’s Towing, LLC and Eddie Navarro’s Motion to Compel Responses to Request for Production of Documents, Set One and Request for Sanctions is GRANTED. PLAINTIFF JUAN ARTEAGA IS TO SERVE VERIFIED RESPONSES TO THE REQUESTS WITHOUT OBJECTIONS WITHIN 20 DAYS’ SERVICE OF THIS ORDER. PLAINTIFF JUAN ARTEAGA AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $235.00 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

 

 

ANALYSIS:

 

On November 4, 2022, Defendants Navarro’s Towing, LLC and Eddie Navarro (“Defendants”) served Request for Production of Documents, Set One, on Plaintiff Juan Arteaga (“Plaintiff”). (Motion, Luebke Decl., Exh. A.) Despite a meet and confer effort extending the deadline to respond to the requests, Plaintiff has not served responses. (Id. at ¶¶4-6 and Exhs. B-C.) Defendants filed the instant Motion to Compel Responses to Request for Production of Documents, Set One and Request for Sanctions, on December 20, 2022. No opposition to the Motion has been filed to date.

 

Discussion

 

There is no requirement for a prior meet and confer effort before a motion to compel initial responses can be filed. (Code Civ. Proc., § 2031.300.) Furthermore, the motion can be brought any time after the responding party fails to provide the responses.  (Code Civ. Proc., § 2031.300.) Based on Plaintiff’s failure to respond to the propounded discovery, Defendant is entitled to an order compelling them to serve verified responses to the requests without objections.

 

Plaintiff’s failure to timely respond constitutes a misuse of the discovery process. (Code Civ. Proc., § 2023.010, subd. (d).) Sanctions are appropriate under Code of Civil Procedure sections 2023.010 and 2023.030 and have been properly noticed. However, the amount sought is excessive under a lodestar calculation. Sanctions are awarded in the amount of $235.00 based on one hour of attorney time billed at $175.00 per hour, and $60.00 in costs per motion. (Motion, Luebke Decl., ¶7.)

 

Conclusion

 

Defendants Navarro’s Towing, LLC and Eddie Navarro’s Motion to Compel Responses to Request for Production of Documents, Set One and Request for Sanctions is GRANTED. PLAINTIFF JUAN ARTEAGA IS TO SERVE VERIFIED RESPONSES TO THE REQUESTS WITHOUT OBJECTIONS WITHIN 20 DAYS’ SERVICE OF THIS ORDER. PLAINTIFF JUAN ARTEAGA AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $235.00 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

 

 

Moving party to give notice.