Judge: Mark E. Windham, Case: 22STLC02252, Date: 2024-08-07 Tentative Ruling

Case Number: 22STLC02252    Hearing Date: August 7, 2024    Dept: 26

Shiferaw v. United Checker Cab Co-Op, et al.

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

 (CCP §§ 2030.290, 2031.300, 2023.010)

TENTATIVE RULING:

Defendant Administrative Services Cooperative, Inc.’s Motion to Compel Responses to Form Interrogatories, Special Interrogatories, Request for Production, Sets One, and Request for Sanctions is GRANTED. PLAINTIFF FASICA SHIFERAW IS TO SERVE VERIFIED RESPONSES TO THE DISCOVERY REQUESTS WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

PLAINTIFF FASICA SHIFERAW IS FURTHER ORDERED TO PAY SANCTIONS OF $490.00 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

On January 23, 2024, Defendant Administrative Services Cooperative, Inc. (erroneously named as United Checker Cab CO-OP d/b/a Checker Cab Co.) (“Defendant ASC”) served Form Interrogatories, Special Interrogatories, and Request for Production of Documents, Sets One, on Plaintiff Fasica Shiferaw (“Plaintiff”). (Motion, Mendoza Decl., Exhs. B-D.) Despite a meet and confer effort extending the deadline to serve verified responses, Plaintiff has not served responses to the discovery. (Id. at Exhs. E-F.) Defendant ASC filed the instant Motion to Compel Responses to Form Interrogatories, Special Interrogatories, and Request for Production of Documents, Sets One, and Request for Sanctions, on June 12, 2024. No opposition has 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’s failure to timely respond to the propounded discovery, Defendant ASC is entitled to an order compelling service of verified responses to the discovery requests 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 for a simple and unopposed motion. Pursuant to a lodestar calculation, sanctions are awarded against Plaintiff in the amount of $490.00 based on two hours of attorney time billed at $245.00 per hour. (Motion, Mendoza Decl., ¶8.)

Conclusion

Defendant Administrative Services Cooperative, Inc.’s Motion to Compel Responses to Form Interrogatories, Special Interrogatories, Request for Production, Sets One, and Request for Sanctions is GRANTED. PLAINTIFF FASICA SHIFERAW IS TO SERVE VERIFIED RESPONSES TO THE DISCOVERY REQUESTS WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

PLAINTIFF FASICA SHIFERAW IS FURTHER ORDERED TO PAY SANCTIONS OF $490.00 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice.