Judge: Mark E. Windham, Case: 22STLC03423, Date: 2023-08-29 Tentative Ruling

Case Number: 22STLC03423    Hearing Date: September 7, 2023    Dept: 26

Arzate v. Aguilar, et al.

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

 (CCP §§ 2030.290, 2031.300, 2023.010)

TENTATIVE RULING:

Defendants Javier Aguilar and Ana Hembir Pimentel’s (1) Motion to Compel Responses to Special Interrogatories, Set One, and Request for Sanctions; and (2) Motion to Compel Responses to Request for Production of Documents, Set One, and Request for Sanctions are GRANTED. PLAINTIFF EDGAR COBREROS AGUILAR IS TO SERVE VERIFIED RESPONSES TO THE DISCOVERY REQUESTS, WITHOUT OBJECTIONS, WITHIN 20 DAYS’ SERVICE OF THIS ORDER. PLAINTIFF EDGAR COBREROS AGUILAR AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $420.00 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

Defendants Javier Aguilar and Ana Hembir Pimentel (“Defendants”) propounded Special Interrogatories, Set One and Request for Production of Documents, Set One, on Plaintiff Edgar Cobreros Aguilar (“Plaintiff”) on December 16, 2023. (Motions, Ly Decl., Exh. A.) Following no response from Plaintiff after a meet and confer letter, Defendants filed the instant (1) Motion to Compel Responses to Special Interrogatories, Set One, and Request for Sanctions; and (2) Motion to Compel Responses to Request for Production of Documents, Set One, and Request for Sanctions, on July 21, 2023. (Id. at Exh. B.) 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.) 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 provide verified responses to the propounded discovery, Defendants are entitled to an order compelling service of verified responses to the discovery requests without objections.

Plaintiff’s failure to timely respond also 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, Defendants are awarded sanctions for $420.00 based on two hours of attorney time billed at $150.00, plus costs of $60.00 per motion. (Motion, Ly Decl., ¶7.)

Conclusion

Defendants Javier Aguilar and Ana Hembir Pimentel’s (1) Motion to Compel Responses to Special Interrogatories, Set One, and Request for Sanctions; and (2) Motion to Compel Responses to Request for Production of Documents, Set One, and Request for Sanctions are GRANTED. PLAINTIFF EDGAR COBREROS AGUILAR IS TO SERVE VERIFIED RESPONSES TO THE DISCOVERY REQUESTS, WITHOUT OBJECTIONS, WITHIN 20 DAYS’ SERVICE OF THIS ORDER. PLAINTIFF EDGAR COBREROS AGUILAR AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $420.00 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice.