Judge: Mark E. Windham, Case: 22STLC01794, Date: 2023-08-08 Tentative Ruling

Case Number: 22STLC01794    Hearing Date: August 9, 2023    Dept: 26

Kentucky Farm Bureau Mutual Ins. Co. v. Elrick, et al.

MOTION TO COMPEL RESPONSES TO INTERROGATORIES; SANCTIONS

 (CCP §§ 2030.290, 2023.010)

TENTATIVE RULING:

Plaintiff Kentucky Farm Bureau Mutual Insurance Company’s Motion to Compel Responses to Form Interrogatories, Set One, and Request for Sanctions is GRANTED. DEFENDANT IAN WILLIAM ELRICK IS TO SERVE VERIFIED RESPONSES TO THE INTERROGATORIES, WITHOUT OBJECTIONS, WITHIN 20 DAYS’ SERVICE OF THIS ORDER. DEFENDANT IAN WILLIAM ELRICK IS ORDERED TO PAY SANCTIONS OF $265.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

On April 14, 2023, Plaintiff Kentucky Farm Bureau Mutual Insurance Company (“Plaintiff”) propounded Form Interrogatories, Set One, on Defendant Ian William Elrick (“Defendant”). (Motion, Tapper Decl., Exh. A.) To date, Defendant has not served responses to the Form Interrogatories. (Id. at ¶4.) Plaintiff filed the instant Motion to Compel Responses to Form Interrogatories, Set One, on July 10, 2023. To date, no opposition has been filed.

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 Defendant’s failure to provide verified responses to the propounded discovery, Plaintiff is entitled to an order compelling them to serve verified responses to the interrogatories without objections.

Defendant’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. Pursuant to a lodestar calculation, Plaintiff is awarded $265.00. (Motion, Tapper Decl., ¶5.)

Conclusion

Plaintiff Kentucky Farm Bureau Mutual Insurance Company’s Motion to Compel Responses to Form Interrogatories, Set One, and Request for Sanctions is GRANTED. DEFENDANT IAN WILLIAM ELRICK IS TO SERVE VERIFIED RESPONSES TO THE INTERROGATORIES, WITHOUT OBJECTIONS, WITHIN 20 DAYS’ SERVICE OF THIS ORDER. DEFENDANT IAN WILLIAM ELRICK IS ORDERED TO PAY SANCTIONS OF $265.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice.