Judge: Mark E. Windham, Case: 22STCP01625, Date: 2022-10-11 Tentative Ruling

Case Number: 22STCP01625    Hearing Date: October 11, 2022    Dept: 26

MOTION TO COMPEL RESPONSES TO INTERROGATORIES

AND REQUEST FOR MONETARY SANCTIONS

 (CCP § 2030.290)

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: Application for discovery relief in uninsured arbitration proceeding.

REQUEST FOR RELIEF: Compel Serjik Tahmassian to serve verified responses to form interrogatories, set one, and special interrogatories, set one, without objections. Award Defendant $1,641.65 in attorney’s fees and costs.

OPPOSITION: None filed as of October 6, 2022. 

REPLY: None filed as of October 6, 2022. 

TENTATIVE RULING:

Petitioner Infinity Insurance Company’s (1) Motion to Compel Responses to Form Interrogatories, Set One and Request for Sanctions; and (2) Motion to Compel Responses Special Interrogatories, Set One, and Request for Sanctions are GRANTED. RESPONDENT SERJIK TAHMASSIAN IS TO SERVE VERIFIED RESPONSES TO THE INTERROGATORIES WITHOUT OBJECTIONS WITHIN 20 DAYS’ SERVICE OF THIS ORDER. RESPONDENT SERJIK TAHMASSIAN AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $373.33 TO PETITIONER’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

Petitioner Infinity Insurance Company propounded Form Interrogatories, Set One, and Special Interrogatories, Set One, on claimant Serjik Tahmassian (“Respondent Serjik”) on April 3, 2020. (Motion, Manesh Decl., Exh. A.) Following Respondent Serjik’s failure to provide timely responses, Petitioner’s counsel sought to meet and confer. (Id. at Exhs. B-G.) Following no response from Respondent Serjik after the many extended deadlines, Petitioner filed the instant (1) Motion to Compel Responses to Form Interrogatories, Set One and Request for Sanctions; and (2) Motion to Compel Responses Special Interrogatories, Set One, and Request for Sanctions on September 13, 2022. 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., § 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 Respondent Serjik’s failure to respond to the propounded discovery, Petitioner is entitled to an order compelling them to serve verified responses to the interrogatories without objections.

Respondent Serjik’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 $186.65 based on half-an-house of attorney time billed at $250.00 per hour, and $61.65 in costs, per motion, for a total of $373.30. (Motion, Manesh Decl., ¶j.)

Conclusion

Petitioner Infinity Insurance Company’s (1) Motion to Compel Responses to Form Interrogatories, Set One and Request for Sanctions; and (2) Motion to Compel Responses Special Interrogatories, Set One, and Request for Sanctions are GRANTED. RESPONDENT SERJIK TAHMASSIAN IS TO SERVE VERIFIED RESPONSES TO THE INTERROGATORIES WITHOUT OBJECTIONS WITHIN 20 DAYS’ SERVICE OF THIS ORDER. RESPONDENT SERJIK TAHMASSIAN AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $373.33 TO PETITIONER’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.