Judge: Mark E. Windham, Case: 22STLC01510, Date: 2024-01-22 Tentative Ruling

Case Number: 22STLC01510    Hearing Date: January 24, 2024    Dept: 26

Ortez, et al. v. Orozco, et al.

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

 (CCP §§ 2030.290, 2031.300, 2023.010)

TENTATIVE RULING:

Defendant Cynthya Orozco’s (1) Motion to Compel Responses to Special Interrogatories, Set One, and Request for Sanctions; and (2) Motion to Compel Responses to Request for Production of Documents, Set One, and Request for Sanctions, are GRANTED. PLAINTIFF MARIA ORTEZ IS TO SERVE VERIFIED RESPONSES TO SPECIAL INTERROGATORIES, SET ONE, AND REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE, WITHOUT OBJECTIONS, WITHIN 20 DAYS’ SERVICE OF THIS ORDER. PLAINTIFF MARIA ORTEZ IS ORDERED TO PAY SANCTIONS OF $370.00 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

On April 12, 2023, Defendant Cynthya Orozco (“Defendant Orozco”) served Special Interrogatories, Set One and Request for Production of Documents, Set One, on Plaintiff Maria Ortez (“Plaintiff Maria”). (Motions, Lamming Decl., Exh. A.) Despite a meet and confer effort extending the deadline to serve verified responses without objections, Plaintiff Maria has not served responses to the discovery. (Id. at ¶¶3-6 and Exh. B.) Defendant Orozco filed the instant (1) Motion to Compel Responses to Special Interrogatories, Set One, and Request for Sanctions; and (2) Motion to Compel Responses to Request for Production of Documents, Set One, and Request for Sanctions on December 22, 2023. No oppositions have 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 at any time after the responding party fails to provide the responses.  (Code Civ. Proc., §§ 2030.290, 2031.300.) Based on Plaintiff Maria’s failure to timely respond to the propounded discovery, Defendant Orozco is entitled to an order compelling service of verified responses to the discovery requests without objections.

Plaintiff Maria’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 for a simple and unopposed motion. Pursuant to a lodestar calculation, sanctions are awarded against Plaintiff Maria in the amount of $370.00 based on two hours of attorney time billed at $125.00 per hour and filing fees of $60.00 per motion. (Motion, Lamming Decl., ¶7.)

Conclusion

Defendant Cynthya Orozco’s (1) Motion to Compel Responses to Special Interrogatories, Set One, and Request for Sanctions; and (2) Motion to Compel Responses to Request for Production of Documents, Set One, and Request for Sanctions, are GRANTED. PLAINTIFF MARIA ORTEZ IS TO SERVE VERIFIED RESPONSES TO SPECIAL INTERROGATORIES, SET ONE, AND REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE, WITHOUT OBJECTIONS, WITHIN 20 DAYS’ SERVICE OF THIS ORDER. PLAINTIFF MARIA ORTEZ IS ORDERED TO PAY SANCTIONS OF $370.00 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice.