Judge: Mark E. Windham, Case: 22STLC02153, Date: 2023-09-05 Tentative Ruling

Case Number: 22STLC02153    Hearing Date: September 5, 2023    Dept: 26

Aspire General Ins. Co. v. Celis, et al.

MOTION TO COMPEL RESPONSES TO INTERROGATORIES; DEEM REQUESTS FOR ADMISSION ADMITTED; REQUEST FOR SANCTIONS

(CCP §§ 2030.290, 2033.280, 2023.010)

TENTATIVE RULING:

Plaintiff Aspire General Insurance Company’s (1) Motion Compelling Responses to Form Interrogatories, Set One, and for Monetary Sanctions; and (2) Motion Deeming Requests for Admission, Set One, Admitted and for Monetary Sanctions are GRANTED. DEFENDANT ISAAC CELIS IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION TO THE INTERROGATORIES WITHIN 20 DAYS’ SERVICE OF THIS ORDER. DEFENDANT IS ALSO ORDERED TO PAY SANCTIONS OF $530.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER. 

ANALYSIS:

Plaintiff Aspire General Insurance Company (“Plaintiff”) propounded Form Interrogatories, Set One, and Requests for Admission, Set One, on Defendant Isaac Celis (“Defendant”) on May 5, 2023. (Motions, Tapper Decl., Exh. A.) Following an unsuccessful meet and confer effort and Defendant’s continued non-response, Plaintiff filed the instant (1) Motion To Compel Responses To Form Interrogatories, Set One, and Request For Sanctions; and (2) Motion To Deem Requests For Admission, Set One, Admitted and Request For Sanctions on July 10, 2023. (Id. at ¶¶4-5 and Exh. B.) To date, no opposition has been filed.

Discussion

Based on Defendant’s failure to serve initial responses to the discovery, the Motions to compel responses to interrogatories, and to deem admissions admitted, are granted. (Code Civ. Proc., §§ 2030.290; 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; 2033.280.) Further, the motion can be brought any time after the responding party fails to provide the responses. (Code Civ. Proc., §§ 2030.290; 2033.280.) Therefore, Plaintiff is entitled to an order compelling Defendant to serve verified responses to the interrogatories without objections. The Court also deems the requests for admission admitted against Defendant.

Defendant’s failure to timely respond to the requests also 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 in the amount of $530.00 based on two hours of attorney time billed at $225.00 an hour, plus $80.00 in costs. (Motions, Tapper Decl., ¶6.) The sanctions are to be paid within 20 days of service of this order.

Conclusion

Plaintiff Aspire General Insurance Company’s (1) Motion Compelling Responses to Form Interrogatories, Set One, and for Monetary Sanctions; and (2) Motion Deeming Requests for Admission, Set One, Admitted and for Monetary Sanctions are GRANTED. DEFENDANT ISAAC CELIS IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION TO THE INTERROGATORIES WITHIN 20 DAYS’ SERVICE OF THIS ORDER. DEFENDANT IS ALSO ORDERED TO PAY SANCTIONS OF $530.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER. 

Moving party to give notice.