Judge: Mark E. Windham, Case: 22STLC03530, Date: 2023-01-05 Tentative Ruling

Case Number: 22STLC03530    Hearing Date: January 5, 2023    Dept: 26

 
Brot Gross & Fishbein, LLP v. Rogers, et al.

MOTION TO COMPEL RESPONSES TO INTERROGATORIES

AND REQUEST FOR MONETARY SANCTIONS

 (CCP § 2030.290)

TENTATIVE RULING:

Plaintiff Brot Gross & Fishbein, LLP’s Motion to Compel Responses to Form Interrogatories, Set One and for Monetary Sanctions is GRANTED. DEFENDANT KELIS ROGERS IS TO SERVE VERIFIED RESPONSES TO THE INTERROGATORIES WITHOUT OBJECTIONS WITHIN 20 DAYS’ SERVICE OF THIS ORDER. DEFENDANT IS FURTHER ORDERED TO PAY SANCTIONS OF $350.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

Plaintiff/Cross-Defendant Brot Gross & Fishbein, LLP (“Plaintiff”) propounded Form Interrogatories, Set One, on Defendant/Cross-Complainant Kelis Rogers (“Defendant”) on September 27, 2022. (Motion, Graves Decl., Exh. A.) Following Defendant’s failure to respond, Plaintiff sent a meet and confer letter. (Id. at Exh. B.) When Defendant still failed to provide responses, Plaintiff filed the instant Motion to Compel Responses to Form Interrogatories, Set One and Request for Sanctions on December 1, 2022. 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 any time after the responding party fails to provide the responses.  (Code Civ. Proc., § 2030.290.) Based on Defendant’s failure to respond to the propounded discovery, Plaintiff is entitled to an order compelling Defendant to serve verified responses to the interrogatories without objections.

Defendant’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 under a lodestar calculation. Sanctions are granted against Defendant in the amount of $350.00 based on an hour of attorney time billed at $350.00 an hour. (Motion, Graves Decl., ¶5.)

Conclusion

Plaintiff Brot Gross & Fishbein, LLP’s Motion to Compel Responses to Form Interrogatories, Set One and for Monetary Sanctions is GRANTED. DEFENDANT KELIS ROGERS IS TO SERVE VERIFIED RESPONSES TO THE INTERROGATORIES WITHOUT OBJECTIONS WITHIN 20 DAYS’ SERVICE OF THIS ORDER. DEFENDANT IS FURTHER ORDERED TO PAY SANCTIONS OF $350.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice.