Judge: Mark E. Windham, Case: 22STLC02116, Date: 2022-12-20 Tentative Ruling

Case Number: 22STLC02116    Hearing Date: December 20, 2022    Dept: 26

Davis v. Kim, et al.

MOTION TO COMPEL RESPONSES TO INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS AND REQUEST FOR MONETARY SANCTIONS

 (CCP §§ 2030.290, 2031.300, 2023.030)

TENTATIVE RULING:

Defendants Han Sung Kim and Min Ah Kim’s (1) Motion to Compel Responses to Form Interrogatories, Set One and for Monetary Sanctions; and (2) Motion to Compel Responses to Request for Production of Documents, Set One and for Monetary Sanctions, are GRANTED. PLAINTIFF JASON DAVIS IS TO SERVE VERIFIED RESPONSES TO THE DISCOVERY REQUESTS WITHOUT OBJECTIONS WITHIN 20 DAYS’ SERVICE OF THIS ORDER. PLAINTIFF JASON DAVIS IS FURTHER ORDERED TO PAY SANCTIONS OF $520.00 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

Defendants Han Sung Kim and Min Ah Kim (“Defendants”) propounded Form Interrogatories, Set One and Request for Production of Documents, Set One, on Plaintiff Jason Davis (“Plaintiff”) on May 10, 2022. (Motions, Michaelson Decl., Exh. A.) Following no response from Plaintiff despite a meet and confer effort, Defendants filed the instant (1) Motion to Compel Responses to Form Interrogatories, Set One and Request for Sanctions; and (2) Motion to Compel Responses to Request for Production of Documents, Set One, on August 25, 2022. (Id. at ¶5 and Exhs. B-E.) 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, 2031.300.) Further, the motion can be brought any time after the responding party fails to provide the responses.  (Code Civ. Proc., §§ 2030.290, 2031.300.) Based on the failure to respond to the propounded discovery, Defendants are entitled to an order compelling Plaintiff to serve verified responses to the Request for Production of Documents, Set One and Form Interrogatories, Set One, 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 granted against Plaintiff in the amount of $520.00 based on two hours of attorney time billed at $200.00 an hour and $120.00 in costs ($60.00 per motion). (Motions, Michaelson Decl., ¶6.)

Conclusion

Defendants Han Sung Kim and Min Ah Kim’s (1) Motion to Compel Responses to Form Interrogatories, Set One and for Monetary Sanctions; and (2) Motion to Compel Responses to Request for Production of Documents, Set One and for Monetary Sanctions, are GRANTED. PLAINTIFF JASON DAVIS IS TO SERVE VERIFIED RESPONSES TO THE DISCOVERY REQUESTS WITHOUT OBJECTIONS WITHIN 20 DAYS’ SERVICE OF THIS ORDER. PLAINTIFF JASON DAVIS IS FURTHER ORDERED TO PAY SANCTIONS OF $520.00 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice.