Judge: Mark E. Windham, Case: 21STLC08494, Date: 2022-10-05 Tentative Ruling

Case Number: 21STLC08494    Hearing Date: October 5, 2022    Dept: 26

MOTION TO COMPEL RESPONSES TO INTERROGATORIES;

REQUEST FOR SANCTIONS

 (CCP §§ 2030.290, 2023.010)

TENTATIVE RULING:

Defendant Angela Song’s Motion to Compel Responses to Form Interrogatories, Set One, and Request for Sanctions is GRANTED. PLAINTIFF IVAN D. GARDNER IS ORDERED TO SERVE VERIFIED RESPONSES, WITHOUT OBJECTION, TO THE DISCOVERY REQUESTS WITHIN 20 DAYS’ SERVICE OF THIS ORDER. FURTHERMORE, PLAINTIFF AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $160.00 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 motor vehicle negligence.

REQUEST FOR RELIEF: Compel Plaintiff Ivan D. Gardner to provide verified responses to Form Interrogatories, Set One, without objections. Award Defendant sanctions of $1,580.00.

OPPOSITION: None filed as of October 3, 2022.

REPLY: None filed as of October 3, 2022.

ANALYSIS:

On March 3, 2022, Defendant Angela Song (“Defendant”) served Form Interrogatories, Set One, on Plaintiff Ivan D. Gardner (“Plaintiff”). (Motion, Palmer Decl., Exh. A.) After Plaintiff failed to serve responses, Defendant sought to meet and confer and extended the deadline to respond. (Id. at Exh. B.) Following Plaintiff’s continued failure to respond, Defendant filed the instant Motion to Compel Responses to Form Interrogatories, Set One, and Request for Sanctions. (Id. at ¶5.) 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.) Further, the motion can be brought any time after the responding party fails to provide the responses.  (Code Civ. Proc., § 2030.290.) Based on Plaintiff’s failure to respond to the propounded discovery, Defendant is entitled to an order compelling Plaintiff to serve verified responses to the Form Interrogatories, Set One, without objections.

Plaintiff’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 and counsel of record in the amount of $160.00 based on half-an-hour of attorney time billed at $200.00 an hour, plus $60.00 in costs. (Motion, Palmer Decl., ¶6.)

Conclusion

Defendant Angela Song’s Motion to Compel Responses to Form Interrogatories, Set One, and Request for Sanctions is GRANTED. PLAINTIFF IVAN D. GARDNER IS ORDERED TO SERVE VERIFIED RESPONSES, WITHOUT OBJECTION, TO THE DISCOVERY REQUESTS WITHIN 20 DAYS’ SERVICE OF THIS ORDER. FURTHERMORE, PLAINTIFF AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $160.00 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice.