Judge: Mark E. Windham, Case: 22STLC02560, Date: 2023-08-30 Tentative Ruling
Case Number: 22STLC02560 Hearing Date: August 30, 2023 Dept: 26
Cincinnati Ins. Co. v. Trammell, et al.
MOTION
TO COMPEL RESPONSES TO INTERROGATORIES; DEEM REQUESTS FOR ADMISSION ADMITTED;
REQUEST FOR SANCTIONS
TENTATIVE RULING:
Plaintiff Cincinnati 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 ALEXIS
TRAMMELL 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 Cincinnati Insurance Company (“Plaintiff”)
propounded Form Interrogatories, Set One, and Requests for Admission, Set One,
on Defendant Alexis Trammel (“Defendant”) on May 15,
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 ¶3.) 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 at 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., ¶5.) The sanctions are to be paid within 20
days’ service of this order.
Conclusion
Plaintiff Cincinnati 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 ALEXIS
TRAMMELL 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.