Judge Mark E. Windham, Case Number: 20STLC08789, Date: 2023-04-26 Tentative Ruling

Judge: Mark E. Windham, Case: 20STLC08789, Date: 2023-04-26 Tentative Ruling

Case Number: 20STLC08789 Hearing Date: April 26, 2023 Dept: 26

Alvarez v. Murrey, et al.

MOTION TO COMPEL RESPONSES TO INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS; REQUEST FOR SANCTIONS

(CCP §§ 2030.290, 2031.300, 2023.010)

TENTATIVE RULING:

Defendant Joshua Alvarado’s (1) Motion to Compel Responses to Form Interrogatories, Set One; and Request for Sanctions; and (2) Motion to Compel Responses to Demand for Identification and Inspection of Documents, Set One, and Request for Sanctions, are GRANTED. PLAINTIFF RASHEL ALVAREZ IS TO SERVE VERIFIED RESPONSES TO THE DISCOVERY REQUESTS WITHOUT OBJECTIONS WITHIN 20 DAYS’ SERVICE OF THIS ORDER. PLAINTIFF IS FURTHER ORDERED TO PAY SANCTIONS OF $360.00 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

On September 15, 2022, Defendant Joshua Alvarado (“Defendant Alvarado”) served Form Interrogatories, Set One, and Request for Production of Documents, Set One, on Plaintiff Rashel Alvarez (“Plaintiff”). (Motions, McEwan 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 and Exh. B.) Defendant filed the instant (1) Motion to Compel Responses to Form Interrogatories, Set One; and Request for Sanctions; and (2) Motion to Compel Responses to Demand for Identification and Inspection of Documents, Set One, and Request for Sanctions on March 21, 2023. Plaintiff’s counsel filed an opposition declaration on April 17, 2023 asking that the hearing on the instant Motions be continued to the hearing date on their motion to be relieved as counsel.

The Court finds no legal basis to continue the hearing date upon the request for Plaintiff’s counsel. The motion to be relieved as counsel has no bearing on the instant Motions.

There is no requirement for a prior meet and confer effort before a motion to compel initial responses can be filed. (Code Civ. Proc., §§ 2030.290. 2031.300.) Further, the motion can be brought any time after the responding party fails to provide the responses. (Code Civ. Proc., §§ 2030.290. 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 discovery 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 $360.00 based on two hours of attorney time billed at $120.00 per hour, and $60.00 in costs per motion. (Motions, McEwan Decl., ¶6.)

Conclusion

Moving party to give notice.