Judge Mark E. Windham, Case 20STLC09495 2022-09-12 Tentative Ruling

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

Defendant Sonya Najera’s (1) Motion to Compel Responses to Form Interrogatories, Set One, and Request for Sanctions; and (2) Motion to Compel Responses to Request for Production of Documents, Set One, and Request for Sanctions are GRANTED. PLAINTIFF LALEDA LACY IS ORDERED TO SERVE VERIFIED RESPONSES, WITHOUT OBJECTION, TO THE DISCOVERY REQUESTS WITHIN 20 DAYS’ SERVICE OF THIS ORDER. FURTHERMORE, PLAINTIFF LALEDA LACY IS ORDERED TO PAY SANCTIONS OF $373.30 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

REQUEST FOR RELIEF: Compel Plaintiff Laleda Lacy to provide verified responses to Form Interrogatories, Set One and Request for Production of Documents, Set One, without objections. Award Defendant sanctions of $1,061.65 per motion.

On February 28, 2022, Defendant Sonya Najera (erroneously sued as “Sonya Moya”) (“Defendant”) served Form Interrogatories, Set One and Request for Production of Documents, Set One, on Plaintiff Laleda Lacy. (Motions, Alban Decl., Exh. A.) After Plaintiff Laleda Lacy failed to serve responses, Defendant sought to meet and confer and extended the deadline to respond. (Id. at Exh. B.) Following Plaintiff Laleda 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 Laleda Lacy’s attorney filed opposition declarations on July 13, 2022 confirming their 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, 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 their failure to respond to the propounded discovery, Defendant is entitled to an order compelling Plaintiff Laleda Lacy to serve verified responses to the Request for Production of Documents, Set One and Form Interrogatories, Set One, without objections.

Plaintiff Laleda 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 Laleda Lacy in the amount of $373.30 based on one hour of attorney time billed at $250.00 an hour, plus $61.65 in costs per motion. (Motion, Alban Decl., ¶e.)

Defendant Sonya Najera’s (1) Motion to Compel Responses to Form Interrogatories, Set One, and Request for Sanctions; and (2) Motion to Compel Responses to Request for Production of Documents, Set One, and Request for Sanctions is GRANTED. PLAINTIFF LALEDA LACY IS ORDERED TO SERVE VERIFIED RESPONSES, WITHOUT OBJECTION, TO THE DISCOVERY REQUESTS WITHIN 20 DAYS’ SERVICE OF THIS ORDER. FURTHERMORE, PLAINTIFF LALEDA LACY IS ORDERED TO PAY SANCTIONS OF $373.30 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.