Judge: Mark E. Windham, Case: 22STLC03332, Date: 2023-11-06 Tentative Ruling

Case Number: 22STLC03332    Hearing Date: December 6, 2023    Dept: 26

Sisi Missy, Inc v. Anderson, et al.

MOTION TO COMPEL RESPONSES TO INTERROGATORIES AND REQUEST FOR MONETARY SANCTIONS
 (CCP §§ 2030.290, 2023.030)

TENTATIVE RULING:  

Defendant/Cross-Complainant Doris Anderson’s Motion to Compel Responses to Form Interrogatories, Set One, and Request for Sanctions, is GRANTED. PLAINTIFF/CROSS-DEFENDANT SISI MISSY, INC. DBA CDP CONSTRUCTION IS TO SERVE VERIFIED RESPONSES TO THE DISCOVERY REQUESTS WITHOUT OBJECTIONS WITHIN 20 DAYS’ SERVICE OF THIS ORDER. PLAINTIFF/CROSS-DEFENDANT IS ORDERED TO PAY SANCTIONS OF $261.65 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

On August 17, 2023, Defendant/Cross-Complainant Doris Anderson (“Defendants”) served Form Interrogatories, Set One, on Plaintiff/Cross-Defendant Sisi Missy, Inc. dba CDP Construction (“Plaintiff”) (Motion, Brooke Decl., Exh. A.) Following Plaintiff/Cross-Defendant’s failure to serve timely responses, Defendant filed the instant Motion to Compel Responses to Form Interrogatories, Set One, and Request for Sanctions, on September 28, 2023. No opposition has been filed to date.

Discussion

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 at any time after the responding party fails to provide the responses.  (Code Civ. Proc., § 2030.290.) Based on Plaintiff’s failure to timely respond to the propounded discovery, Defendant 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 sanctions sought are excessive for a simple and unopposed discovery motion. Under a lodestar calculation, sanctions are awarded in the amount of $261.65 based on half-an-hour of attorney time billed at $400.00 per hour and a filing fee of $61.65. (Motion, Brooke Decl., ¶7.)

Conclusion

Defendant/Cross-Complainant Doris Anderson’s Motion to Compel Responses to Form Interrogatories, Set One, and Request for Sanctions, is GRANTED. PLAINTIFF/CROSS-DEFENDANT SISI MISSY, INC. DBA CDP CONSTRUCTION IS TO SERVE VERIFIED RESPONSES TO THE DISCOVERY REQUESTS WITHOUT OBJECTIONS WITHIN 20 DAYS’ SERVICE OF THIS ORDER. PLAINTIFF/CROSS-DEFENDANT IS ORDERED TO PAY SANCTIONS OF $261.65 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice.