Judge: Mark E. Windham, Case: 21STLC05512, Date: 2022-12-05 Tentative Ruling

Case Number: 21STLC05512    Hearing Date: December 5, 2022    Dept: 26

State Farm v. Avila, et al.

MOTION TO COMPEL RESPONSES TO INTERROGATORIES

AND REQUEST FOR MONETARY SANCTIONS

 (CCP § 2030.290)

TENTATIVE RULING:

Plaintiff State Farm Mutual Automobile Insurance Company’s Motion to Compel Responses to Form Interrogatories, Set One and for Monetary Sanctions is GRANTED. DEFENDANT MARICELA AVILA IS TO SERVE VERIFIED RESPONSES TO THE INTERROGATORIES WITHOUT OBJECTIONS WITHIN 20 DAYS’ SERVICE OF THIS ORDER. DEFENDANT AVILA IS FURTHER ORDERED TO PAY SANCTIONS OF $360.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) propounded Form Interrogatories, Set One, on Defendant Maricela Avila (“Defendant”) on September 16, 2021. (Motion, Cicione Decl., Exh. 1.) Following Defendant’s failure to respond, Plaintiff extended the deadline to serve verified responses multiple times. (Id. at Exh. 2.) Following no response from Defendant after the extended deadline, Plaintiff filed the instant Motion to Compel Responses to Form Interrogatories, Set One and Request for Sanctions on September 29, 2022. To date, no opposition has been filed.

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 Defendant’s failure to respond to the propounded discovery, Plaintiff is entitled to an order compelling Defendant to serve verified responses to the interrogatories 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 under a lodestar calculation. Sanctions are granted against Defendant in the amount of $360.00 based on an hour of attorney time billed at $300.00 an hour and $60.00 in costs. (Motion, Cicione Decl., ¶9.)

Conclusion

Plaintiff State Farm Mutual Automobile Insurance Company’s Motion to Compel Responses to Form Interrogatories, Set One and for Monetary Sanctions is GRANTED. DEFENDANT MARICELA AVILA IS TO SERVE VERIFIED RESPONSES TO THE INTERROGATORIES WITHOUT OBJECTIONS WITHIN 20 DAYS’ SERVICE OF THIS ORDER. DEFENDANT AVILA IS FURTHER ORDERED TO PAY SANCTIONS OF $360.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice.