Judge: Mark E. Windham, Case: 21STLC05512, Date: 2023-04-24 Tentative Ruling

Case Number: 21STLC05512    Hearing Date: April 24, 2023    Dept: 26

State Farm v. Avila, et al.

MOTION FOR ISSUE SANCTIONS

(CCP § 2023.010, et al.)

TENTATIVE RULING:

Plaintiff State Farm Mutual Automobile Insurance Company’s Motion for Issue Sanctions is GRANTED. THE REQUEST FOR MONETARY SANCTION IS DENIED.

ANALYSIS: 

On July 28, 2021, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed this action for automobile subrogation against Defendant Maricela Avila (“Defendant”). On December 5, 2022, the Court granted Plaintiff’s motion to compel responses to form interrogatories and request for monetary sanctions. (Minute Order, 12/05/22.)

Plaintiff filed the instant motion for issue and monetary sanctions on January 23, 2023. No opposition has been filed to date.

Discussion

Where a party willfully disobeys a discovery order, courts have discretion to impose terminating, issue, evidence or monetary sanctions. (Code Civ. Proc., §§ 2023.010, subds. (d), (g); R.S. Creative, Inc. v. Creative Cotton, Ltd. (1999) 75 Cal.App.4th 486, 495.) Here, Plaintiff requests issue sanctions with respect to the form interrogatories Defendant was required to respond. The Court finds that notice of its ruling compelling Defendant’s responses was served on December 6, 2022 and that the responses were to be served within 20 days. (Notice of Ruling, 12/06/22.) Defendant has failed to serve responses as ordered. (Motion, Cicione Decl., ¶9.) Defendant was also ordered to pay sanctions by December 26, 2022 and failed in that regard, as well. (Id. at ¶10.)

Therefore, the Court finds Defendant’s non-compliance to be willful and subject to the requested issue sanctions. Insofar as the form interrogatories sought to obtain information regarding what alleged facts from the complaint Defendant disputed, Plaintiff’s request to deem those alleged facts true is granted. The facts deemed true and undisputed are, as follows:

1.      Defendant Maricela Avila was the driver of a certain motor vehicle described as a 2015 Kia Optima with California license plate 7HND8l2.

2.      On or about May II, 2020, Defendant was driving the 2015 Kia Optima with California license plate 7HND812 at and about the intersection of Main Street and Westminster Avenue in the city of Los Angeles, California 90291 and collided said vehicle into Plaintiffs Insured 's 2017 BMW 330i with California license plate 7ZMJ684.

3.      That on or about May 11, 2020, Defendant was negligent in the operation of her vehicle at the time of the collision.

4.      That as a direct and proximate result of Defendant’s negligence, Plaintiffs Insured 2017 BMW 330i with California license plate 7ZMJ684 sustained damages in the sum of $12,531.57.

5.      That the cost to repair Plaintiff's Insured's 2017 BMW 330i with California license plate 7ZMJ684 in the sum of $12,531.57 was reasonable.

6.      That Plaintiff paid for the damages sustained to Plaintiffs Insured’s 2017 BMW 330i with California license plate 7ZMJ684 in the amount of $12,531.57 (less Plaintiff’s Insured’s $500.00 deductible) and is thereby subrogated to the rights of its insured to recover said sum from Defendant.

(See Motion, Separate Statement.) In light of Defendant’s repeated failure to respond to properly served discovery, the court finds that issue sanctions are appropriate pursuant to Code of Civil Procedure sections 2023.010 and 2023.030. Nor has Plaintiff filed any opposition to the motion to compel, or to the instant motion, to explain the failure to provide the required responses. However, the request for additional monetary sanctions is denied as futile and punitive.

Conclusion

Plaintiff State Farm Mutual Automobile Insurance Company’s Motion for Issue Sanctions is GRANTED. THE REQUEST FOR MONETARY SANCTION IS DENIED.

Moving party to give notice.