Judge: Mark E. Windham, Case: 21STLC06541, Date: 2022-09-01 Tentative Ruling

Case Number: 21STLC06541    Hearing Date: September 1, 2022    Dept: 26

PROCEEDINGS:     MOTION FOR ORDER COMPELLING RESPONSES TO SPECIAL INTERROGATORIES; REQUEST FOR SANCTIONS

MOVING PARTY:   Plaintiff Alejandro Diaz

RESP. PARTY:         None

MOTION TO COMPEL RESPONSES TO INTERROGATORIES;

REQUEST FOR SANCTIONS

 (CCP §§ 2030.290, 2023.010)

TENTATIVE RULING:

Plaintiff Alejandro Diaz’s Motion to Compel Responses to Special Interrogatories, Set One, and Request for Sanctions is GRANTED. Defendant Geragos & Geragos Engine Company No. 28, LLC IS ORDERED TO SERVE VERIFIED RESPONSES, WITHOUT OBJECTION, TO THE DISCOVERY REQUESTS WITHIN 20 DAYS’ SERVICE OF THIS ORDER. FURTHERMORE, DEFENDANT GERAGOS & GERAGOS ENGINE COMPANY NO. 28, LLC AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $250.00 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 discrimination on the basis of disability.

REQUEST FOR RELIEF: Compel Defendant Geragos & Geragos Engine Company No. 28, LLC to provide verified responses to Special Interrogatories, Set One, without objections. Award Plaintiff sanctions of $500.00.

OPPOSITION: Following the Early Evaluation Conference on June 6, 2022, the parties agreed to stay this action pending confirmation of an early trial date. Defendant did not respond to the discovery on those grounds and has since prepared responses that will make the Motion moot.  

REPLY: None filed as of August 8, 2022.

ANALYSIS:

On March 1, 2022, Plaintiff Alejandro Diaz (“Plaintiff”) served Special Interrogatories, Set One, on Defendant Geragos & Geragos Engine Company No. 28, LLC (“Defendant Geragos”). (Motion, Mehrban Decl., Exh. A.) After Defendant Geragos failed to serve responses, Plaintiff sought to meet and confer and extended the deadline to respond. (Id. at Exh. B.) Following Defendant Geragos’ continued failure to respond, Plaintiff filed the instant Motion to Compel Responses to Special Interrogatories, Set One, and Request for Sanctions on August 2, 2022 (Id. at ¶4.) Defendant filed an opposition on August 19, 2022.  

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 Geragos’ failure to respond to the propounded discovery, Plaintiff is entitled to an order compelling Defendant Geragos to serve verified responses to the Special Interrogatories, Set One, without objections. The opposition argues that responses were not provided because this case has been stayed since June 6, 2022 when the parties attended an Early Evaluation Conference and were to discuss an early trial date. (Opp., Casper Decl., Exh. A.) Assuming such a stay, which is not reflected in the minute order for the Early Evaluation Conference, Defendant Geragos’ responses were due by March 31, 2022, which was long before any stay. Plaintiff is entitled to move for discovery propounded and due months before the Early Evaluation Conference.

Defendant Geragos’ failure to timely respond constitutes a misuse of the discovery process, nor has the opposition shown that sanctions are not warranted due to the purported stay. (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 Defendant Geragos in the amount of $250.00 based on half-an-hour of attorney time billed at $500.00 an hour. (Motion, Mehrban Decl., ¶6.)

Conclusion

Plaintiff Alejandro Diaz’s Motion to Compel Responses to Special Interrogatories, Set One, and Request for Sanctions is GRANTED. Defendant Geragos & Geragos Engine Company No. 28, LLC IS ORDERED TO SERVE VERIFIED RESPONSES, WITHOUT OBJECTION, TO THE DISCOVERY REQUESTS WITHIN 20 DAYS’ SERVICE OF THIS ORDER. FURTHERMORE, DEFENDANT GERAGOS & GERAGOS ENGINE COMPANY NO. 28, LLC AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $250.00 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice.