Judge: Mark E. Windham, Case: 21STLC04479, Date: 2023-05-24 Tentative Ruling

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Case Number: 21STLC04479    Hearing Date: May 24, 2023    Dept: 26

Soto v. Robinson, et al.

MOTION TO COMPEL RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS AND REQUEST FOR MONETARY SANCTIONS 

(CCP §§ 2031.300, 2023.030)


TENTATIVE RULING:

 

Plaintiff Ema Aracely Romero Soto’s Motion to Compel Responses to Request for Production of Documents, Set One, and Request for Sanctions is GRANTED. DEFENDANT MARK ANTHONY ROBINSON IS TO SERVE VERIFIED RESPONSES TO THE REQUESTS WITHIN 20 DAYS’ SERVICE OF THIS ORDER. DEFENDANT IS FURTHER ORDERED TO PAY SANCTIONS OF $261.65 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.   

ANALYSIS:

Plaintiff Ema Aracely Romero Soto (“Plaintiff”) propounded Request for Production of Documents, Set One, on Defendant Mark Anthony Robinson (“Defendant”) on May 5, 2022. (Motion, Soong Decl., Exh. A.) Following Defendant’s failure to respond, Plaintiff sought to meet and confer. (Id. at Exh. B.) Following no response from Defendant after the extended deadline, Plaintiff filed the instant Motion to Compel Responses to Request for Production of Documents, Set One and Request for Sanctions on April 28, 2023. To date, no opposition has been filed.

 

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.) Further, the motion can be brought any time after the responding party fails to provide the responses.  (Code Civ. Proc., § 2031.300.) Based on Defendant’s failure to respond to the propounded discovery, Plaintiff is entitled to an order compelling service of verified responses to the discovery requests without objections.

 

Defendant’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. Pursuant to a lodestar calculation, sanctions are awarded in the amount of $261.65 based on one hour of attorney time billed at $200.00 per hour, and $61.65 in costs. (Motion, Soong Decl., ¶5.) 

 

Conclusion

 

Plaintiff Ema Aracely Romero Soto’s Motion to Compel Responses to Request for Production of Documents, Set One, and Request for Sanctions is GRANTED. DEFENDANT MARK ANTHONY ROBINSON IS TO SERVE VERIFIED RESPONSES TO THE REQUESTS WITHIN 20 DAYS’ SERVICE OF THIS ORDER. DEFENDANT IS FURTHER ORDERED TO PAY SANCTIONS OF $261.65 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

 

 

Moving party to give notice.