Judge: Mark E. Windham, Case: 22STLC03580, Date: 2023-12-12 Tentative Ruling

Case Number: 22STLC03580    Hearing Date: December 12, 2023    Dept: 26

State Farm v. Wang, 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:

Plaintiff State Farm Mutual Automobile Insurance Company’s Motion Compelling Responses to Written Discovery, and for Monetary Sanctions is GRANTED. DEFENDANT FEIXIONG WANG IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION TO THE INTERROGATORIES AND REQUESTS FOR PRODUCTION WITHIN 20 DAYS’ SERVICE OF THIS ORDER. DEFENDANT IS ALSO ORDERED TO PAY SANCTIONS OF $560.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.   

ANALYSIS:

Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) propounded Form Interrogatories, Set One and Request for Production of Documents, Set One, on Defendant Feixiong Wang (“Defendant Lam”) on August 30, 2023. (Motion, Shapiro Decl., Exh. A.) Despite a meet and confer effort, as of the filing of this Motion to Compel Responses to Written Discovery and Request for Monetary Sanctions, no responses have been served. (Id. at ¶¶6-8 and Exh. B.)

Discussion

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; 2031.300.) Furthermore, the motions can be brought any time after the responding party fails to provide the responses. (Code Civ. Proc., §§ 2030.290; 2031.300.) Therefore, Plaintiff is entitled to an order compelling Defendant to serve verified responses to the interrogatories and requests for production without objections.

Defendant’s failure to timely respond to the requests 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. Therefore, the requests for sanctions are granted against Defendant in the amount of $560.00 based on two hours of attorney time billed at $250.00 an hour. (Id. at ¶9.) The sanctions are to be paid within 20 days’ service of this order.

Conclusion

Plaintiff State Farm Mutual Automobile Insurance Company’s Motion Compelling Responses to Written Discovery, and for Monetary Sanctions is GRANTED. DEFENDANT FEIXIONG WANG IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION TO THE INTERROGATORIES AND REQUESTS FOR PRODUCTION WITHIN 20 DAYS’ SERVICE OF THIS ORDER. DEFENDANT IS ALSO ORDERED TO PAY SANCTIONS OF $560.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.   

Moving party to give notice.