Judge: Mark E. Windham, Case: 20STLC09495, Date: 2022-09-01 Tentative Ruling

Case Number: 20STLC09495    Hearing Date: September 1, 2022    Dept: 26

PROCEEDINGS:     MOTION FOR ORDER COMPELLING RESPONSES TO FORM INTERROGATORIES; REQUEST FOR SANCTIONS

MOVING PARTY:   Defendant Sonya Najera (erroneously sued as Sonya Moya)

RESP. PARTY:         None

MOTION TO COMPEL RESPONSES TO INTERROGATORIES;

REQUEST FOR SANCTIONS

 (CCP §§ 2030.290, 2023.010)

TENTATIVE RULING:

Defendant Sonya Najera’s Motion to Compel Responses to Form Interrogatories, Set One, and Request for Sanctions is GRANTED. PLAINTIFF MILAN LACY IS ORDERED TO SERVE VERIFIED RESPONSES, WITHOUT OBJECTION, TO THE DISCOVERY REQUESTS WITHIN 20 DAYS’ SERVICE OF THIS ORDER. FURTHERMORE, PLAINTIFF MILAN LACY IS ORDERED TO PAY SANCTIONS OF $186.65 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

SERVICE OF MOTION:

[X] Proof of Service Timely Filed (CRC 3.1300) OK

[X] Correct Address (CCP 1013, 1013a) OK

[X] 16/21 Day Lapse (CCP 12c and 1005 (b)) OK

SUMMARY OF COMPLAINT: Action for breach of contract.

REQUEST FOR RELIEF: Compel Plaintiff Milan Lacy to provide verified responses to Form Interrogatories, Set One, without objections. Award Defendant sanctions of $1,061.65.

OPPOSITION: Filed July 13, 2022.

REPLY: None filed as of August 29, 2022.

ANALYSIS:

On February 28, 2022, Defendant Sonya Najera (erroneously sued as Sonya Moya) (“Defendant”) served Form Interrogatories, Set One, on Plaintiff Milan Lacy (“Plaintiff Milan Lacy”). (Motion, Alban Decl., Exh. A.) After Plaintiff Milan failed to serve responses, Defendant sought to meet and confer and extended the deadline to respond. (Id. at Exh. B.) Following Plaintiff Milan Lacy’s continued failure to respond, Defendant filed the instant Motion to Compel Responses to Form Interrogatories, Set One, and Request for Sanctions. (Id. at ¶d.) Plaintiff’s attorney filed an opposition declaration on July 13, 2022 confirming Plaintiffs’ non-cooperation with discovery. (Opp., Yeager Decl.)

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.) Further, the motion can be brought any time after the responding party fails to provide the responses.  (Code Civ. Proc., § 2030.290.) Based on Plaintiff’s failure to respond to the propounded discovery, Defendant is entitled to an order compelling Plaintiff Milan Lacy to serve verified responses to the Form Interrogatories, Set One, without objections.

Plaintiff Milan Lacy’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, the request for sanctions is granted against Plaintiff in the amount of $186.65 based on half-an-hour of attorney time billed at $250.00 an hour, plus $61.65 in costs. (Motion, Alban Decl., ¶e.)

Conclusion

Defendant Sonya Najera’s Motion to Compel Responses to Form Interrogatories, Set One, and Request for Sanctions is GRANTED. PLAINTIFF MILAN LACY IS ORDERED TO SERVE VERIFIED RESPONSES, WITHOUT OBJECTION, TO THE DISCOVERY REQUESTS WITHIN 20 DAYS’ SERVICE OF THIS ORDER. FURTHERMORE, PLAINTIFF MILAN LACY IS ORDERED TO PAY SANCTIONS OF $186.65 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice.