Judge: Mark E. Windham, Case: 21STLC08750, Date: 2023-01-19 Tentative Ruling

Case Number: 21STLC08750    Hearing Date: January 19, 2023    Dept: 26

Alcantar v. Lee, et al.

MOTION TO COMPEL RESPONSES TO DEMAND FOR PRODUCTION

AND REQUEST FOR MONETARY SANCTIONS

 (CCP § 2031.300)

TENTATIVE RULING:

Defendant Doo Mon Lee’s Motion to Compel Responses to Demand for Identification and Inspection of Documents, Set One and Request for Sanctions is GRANTED. PLAINTIFF SAMUEL MONTES ALCANTAR IS TO SERVE VERIFIED RESPONSES TO THE DEMANDS WITHOUT OBJECTIONS WITHIN 20 DAYS’ SERVICE OF THIS ORDER. PLAINTIFF SAMUEL MONTES ALCANTAR AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $173.00 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

Defendant Doo Mon Lee (“Defendant”) propounded Demand for Identification and Inspection of Documents, Set One, on Plaintiff Samuel Montes Alcantar (“Plaintiff”) on August 26, 2022. (Motion, Morris Decl., Exh. A.) Following Plaintiff’s failure to provide timely responses, defense counsel sought to meet and confer. (Id. at Exh. B.) Plaintiff still did not respond after the extended deadline and Defendant filed the instant Motion to Compel Responses to Demand for Identification and Inspection of Documents, Set One and Request for Sanctions on October 21, 2022. (Id. at ¶5.) To date, no opposition has been filed.

Discussion

There is no requirement for a prior meet and confer effort before a motion to compel initial responses can be filed. (Code Civ. Proc., § 2031.300.) Further, the motion can be brought any time after the responding party fails to provide the responses.  (Code Civ. Proc., § 2031.300.) Based on Plaintiff’s failure to respond to the propounded discovery, Defendant is entitled to an order compelling them to serve verified responses to the discovery 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. Sanctions are awarded in the amount of $173.00 based on one hour of attorney time billed at $133.00 per hour, and $40.00 in costs. (Motion, Morris Decl., ¶4.)

Conclusion

Defendant Doo Mon Lee’s Motion to Compel Responses to Demand for Identification and Inspection of Documents, Set One and Request for Sanctions is GRANTED. PLAINTIFF SAMUEL MONTES ALCANTAR IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTIONS TO THE DEMAND FOR IDENTIFICATION AND INSPECTION OF DOCUMENTS WITHIN 20 DAYS’ SERVICE OF THIS ORDER. PLAINTIFF SAMUEL MONTES ALCANTAR AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $173.00 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice.