Judge: Mark E. Windham, Case: 22STLC00988, Date: 2023-02-15 Tentative Ruling

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Case Number: 22STLC00988    Hearing Date: February 15, 2023    Dept: 26


Westlake Services, LLC v. AIG Leasing, LLC, et al.


MOTION TO COMPEL RESPONSES TO INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS; DEEM REQUESTS FOR ADMISSION ADMITTED; REQUEST FOR SANCTIONS

(CCP §§ 2030.290, 2031.300, 2033.280, 2023.010)


TENTATIVE RULING:

 

Plaintiff Westlake Services, LLC dba Westlake Financial Services’ (1) Motion Compelling Responses to Amended Special Interrogatories, Set One, and for Monetary Sanctions; (2) Motion Compelling Responses to Request for Production of Documents, Set One, and for Monetary Sanctions; and (3) Motion Deeming Requests for Admission, Set One, Admitted and for Monetary Sanctions are GRANTED. DEFENDANT MARC M. AGHA AKA MARK AGHA IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION TO THE INTERROGATORIES AND REQUESTS FOR PRODUCTION WITHIN 20 DAYS’ SERVICE OF THIS ORDER. DEFENDANT MARC M. AGHA AKA MARK AGHA IS ALSO ORDERED TO PAY SANCTIONS OF $930.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER. 

 

 

ANALYSIS:

 

Plaintiff Westlake Services, LLC dba Westlake Financial Services (“Plaintiff”) propounded Amended Special Interrogatories, Set One, Request for Production of Documents, Set One, and Requests for Admission, Set One, on Defendant Marc M. Agha aka Marc Agha (“Defendant Agha”) on September 23, 2022. (Motions, Jyoo Decl., Exh. 1.) To date, no responses have been served. (Id. at ¶3.)

 

Plaintiff filed the instant (1) Motion To Compel Responses To Amended Special Interrogatories, Set One, and Request For Sanctions; (2) Motion To Compel Responses To Request for Production of Documents, Set One, and Request For Sanctions; and (3) Motion To Deem Requests For Admission, Set One, Admitted and Request For Sanctions on November 22, 2022. To date, no opposition has been filed.

 

Discussion

 

Based on Defendant Agha’s failure to serve initial responses, the Motions to compel responses to interrogatories and request for production, and to deem admissions admitted are granted. (Code Civ. Proc., §§ 2030.290; 2031.300; 2033.280.) There is no requirement for a prior meet and confer effort before a motion to compel initial responses or deem admissions admitted can be filed. (Code Civ. Proc., §§ 2030.290; 2031.300; 2033.280.) Further, the motions can be brought any time after the responding party fails to provide the responses. (Code Civ. Proc., §§ 2030.290; 2031.300; 2033.280.) Therefore, Plaintiff is entitled to an order compelling Defendants to serve verified responses to the interrogatories and requests for production without objections. The Court also deems the requests for admission admitted against Defendant Agha.

 

Defendant Agha’s failure to timely respond to the requests constitutes a misuse of the discovery process. (Code Civ. Proc., § 2023.010, subd. (d).) Sanctions are appropriate under Code of Civil Procedure sections 2033.280, 2023.010 and 2023.030 and have been properly noticed. However, the amount sought is excessive under a lodestar calculation. Therefore, the requests for sanctions are granted against Defendant Agha in the total amount of $930.00 based on 1.5 hours of attorney time billed at $500.00 an hour, plus $180.00 in costs. (Motions, Jyoo Decl., ¶5.) The sanctions are to be paid within 20 days’ service of this order.

 

Conclusion

 

Plaintiff Westlake Services, LLC dba Westlake Financial Services’ (1) Motion Compelling Responses to Amended Special Interrogatories, Set One, and for Monetary Sanctions; (2) Motion Compelling Responses to Request for Production of Documents, Set One, and for Monetary Sanctions; and (3) Motion Deeming Requests for Admission, Set One, Admitted and for Monetary Sanctions are GRANTED. DEFENDANT MARC M. AGHA AKA MARK AGHA IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION TO THE INTERROGATORIES AND REQUESTS FOR PRODUCTION WITHIN 20 DAYS’ SERVICE OF THIS ORDER. DEFENDANT MARC M. AGHA AKA MARK AGHA IS ALSO ORDERED TO PAY SANCTIONS OF $930.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.    

 

 

Moving party to give notice.