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

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

MOTION TO COMPEL RESPONSES TO INTERROGATORIES;

REQUEST FOR SANCTIONS

 (CCP §§ 2030.290, 2023.010)

TENTATIVE RULING:

Defendant Sonya Najera’s (1) Motion to Compel Plaintiff Laleda Lacy’s Responses to Special Interrogatories, Set One, and Request for Sanctions; and (2) Motion to Compel Plaintiff Makayla Hawkins’ Responses to Special Interrogatories, Set One, and Request for Sanctions, are GRANTED. PLAINTIFFS LALEDA LACY AND MAKAYLA HAWKINS’ ARE ORDERED TO SERVE VERIFIED RESPONSES, WITHOUT OBJECTION, TO THE DISCOVERY REQUESTS WITHIN 20 DAYS’ SERVICE OF THIS ORDER. FURTHERMORE, PLAINTIFFS LALEDA LACY AND MAKAYLA HAWKINS ARE EACH 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 Plaintiffs Laleda Lacy and Makayla Hawkins to provide verified responses to Special Interrogatories, Set One, without objections. Award Defendant sanctions of $1,061.65 per motion.

OPPOSITION: Filed July 13, 2022.

REPLY: None filed as of September 16, 2022.

ANALYSIS:

On February 28, 2022, Defendant Sonya Najera (erroneously sued as Sonya Moya) (“Defendant”) served Special Interrogatories, Set One, on Plaintiffs Laleda Lacy (“Plaintiff Laleda Lacy”) and Makayla Hawkins (“Plaintiff Hawkins”). (Motions, Alban Decl., Exh. A.) After Plaintiffs Laleda Lacy and Hawkins failed to serve responses, Defendant sought to meet and confer and extended the deadline to respond. (Id. at Exh. B.) Following Plaintiffs Laleda Lacy and Hawkins’ continued failure to respond, Defendant filed the instant Motions to Compel Responses to Special Interrogatories, Set One, and Request for Sanctions. (Id. at ¶d.) Plaintiffs’ attorney filed an opposition declaration 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.) Further, the motion can be brought any time after the responding party fails to provide the responses.  (Code Civ. Proc., § 2030.290.) Based on Plaintiffs Laleda Lacy and Hawkins’ failure to respond to the propounded discovery, Defendant is entitled to an order compelling them to serve verified responses to the Special Interrogatories, Set One, without objections.

Plaintiffs Laleda Lacy and Hawkins’ 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 Plaintiffs Laleda Lacy and Hawkins in the amount of $186.65 per motion, based on half-an-hour of attorney time billed at $250.00 an hour, plus $61.65 in costs. (Motions, Alban Decl., ¶e.)

Conclusion

Defendant Sonya Najera’s (1) Motion to Compel Plaintiff Laleda Lacy’s Responses to Special Interrogatories, Set One, and Request for Sanctions; and (2) Motion to Compel Plaintiff Makayla Hawkins’ Responses to Special Interrogatories, Set One, and Request for Sanctions, are GRANTED. PLAINTIFFS LALEDA LACY AND MAKAYLA HAWKINS ARE ORDERED TO SERVE VERIFIED RESPONSES, WITHOUT OBJECTION, TO THE DISCOVERY REQUESTS WITHIN 20 DAYS’ SERVICE OF THIS ORDER. FURTHERMORE, PLAINTIFFS LALEDA LACY AND MAKAYLA HAWKINS ARE EACH ORDERED TO PAY SANCTIONS OF $186.65 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice.