Judge: Mark E. Windham, Case: 21STLC07994, Date: 2022-08-01 Tentative Ruling

Case Number: 21STLC07994    Hearing Date: August 1, 2022    Dept: 26

MOTION TO COMPEL RESPONSES TO REQUEST FOR PRODUCTION AND INTERROGATORIES; REQUEST FOR SANCTIONS

 (CCP §§ 2030.290, 2031.300, 2023.010)

TENTATIVE RULING:

Defendant Megan Jill Seagren’s (1) Motion to Compel Responses to Request for Production of Documents, Set One, and Request for Sanctions; and (2) Motion to Compel Responses to Form Interrogatories, Set One, and Request for Sanctions are GRANTED. PLAINTIFF MARVO HIDER IS ORDERED TO SERVE VERIFIED RESPONSES, WITHOUT OBJECTION, TO THE DISCOVERY REQUESTS WITHIN 20 DAYS’ SERVICE OF THIS ORDER. FURTHERMORE, PLAINTIFF MARVO HIDER IS ORDERED TO PAY SANCTIONS OF $572.60 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

On April 6, 2022, Defendant Megan Jill Seagren (“Defendant”) served Requests for Production of Documents, Set One and Form Interrogatories, Set One, on Plaintiff Marvo Hider (“Plaintiff Hider”). (Motions, Prager Decl., Exh. A.) After Plaintiff Hider failed to serve responses, Defendant sought to meet and confer and extended the deadline to respond. (Id. at Exh. B.) Following Plaintiff Hider’s continued failure to respond, Defendant filed the instant (1) Motion to Compel Responses to Demand for Production of Documents, Set One, and Request for Sanctions; and (2) Motion to Compel Responses to Form Interrogatories, Set One, and Request for Sanctions on July 7, 2022. (Id. at ¶¶5-6.) No opposition has been filed to date.

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, 2031.300.) Further, the motion can be brought any time after the responding party fails to provide the responses.  (Code Civ. Proc., §§ 2030.290, 2031.300.) Based on their failure to respond to the propounded discovery, Defendant is entitled to an order compelling Plaintiff Hider to serve verified responses to the Request for Production of Documents, Set One and Form Interrogatories, Set One, without objections.

Plaintiff Hider’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, the request for sanctions is granted against Plaintiff Hider in the amount of $572.60 based on two hours of attorney time billed at the reasonable rate of $250.00 an hour and $36.30 in costs per motion. (Motions, Prager Decl., ¶7.)

Conclusion

Defendant Megan Jill Seagren’s (1) Motion to Compel Responses to Request for Production of Documents, Set One, and Request for Sanctions; and (2) Motion to Compel Responses to Form Interrogatories, Set One, and Request for Sanctions are GRANTED. PLAINTIFF MARVO HIDER IS ORDERED TO SERVE VERIFIED RESPONSES, WITHOUT OBJECTION, TO THE DISCOVERY REQUESTS WITHIN 20 DAYS’ SERVICE OF THIS ORDER. FURTHERMORE, PLAINTIFF MARVO HIDER IS ORDERED TO PAY SANCTIONS OF $572.60 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice.