Judge: Mark E. Windham, Case: 22STLC03754, Date: 2023-09-25 Tentative Ruling

Case Number: 22STLC03754    Hearing Date: September 27, 2023    Dept: 26

Dadson Washer Service, Inc. v. 1683-85 Longwood Avenue, LLC, et al.

MOTION TO COMPEL RESPONSES TO INTERROGATORIES; DEEM REQUESTS FOR ADMISSION ADMITTED; REQUEST FOR SANCTIONS

(CCP §§ 2030.290, 2033.280, 2023.010)

TENTATIVE RULING:

Defendant 1683-85 Longwood Avenue, LLC’s (1) Motion to Compel Answers to Form Interrogatories, Set One, and for Monetary Sanctions; (2) Motion to Compel Answers to Special Interrogatories, Set One, and for Monetary Sanctions and (3) Motion Deeming Requests for Admission, Set One, Admitted, and for Monetary Sanctions are GRANTED. PLAINTIFF DADSON WASHER SERVICE, INC. IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION TO THE INTERROGATORIES WITHIN 20 DAYS’ SERVICE OF THIS ORDER. PLAINTIFF IS ALSO ORDERED TO PAY SANCTIONS OF $700.00 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER. 

ANALYSIS:

Defendant 1683-85 Longwood Avenue, LLC (“Defendant”) propounded Form Interrogatories, Set One, Special Interrogatories, Set One, and Requests for Admission, Set One, on Plaintiff Dadson Washer Service, Inc. (“Plaintiff”) on March 3, 2023. (Motions, Uzoh Decl., Exh. A.) Following Plaintiff’s failure to respond, Defendant sought to meet and confer. (Id. ¶¶3-6 and Exhs. B-C.) When there was no response from Plaintiff after the extended deadlines, Defendant filed the instant (1) Motion to Compel Answers to Form Interrogatories, Set One, and Request For Sanctions; (2) Motion to Compel Answers to Special Interrogatories, Set One, and Request For Sanctions; and (3) Motion to Deem Requests for Admission, Set One, Admitted, and Request For Sanctions on August 31, 2023. (Id. at ¶3 and Exh. B.) No opposition has been filed.

Discussion

Based on Plaintiff’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, Defendant is entitled to an order compelling Plaintiff to serve verified responses to the interrogatories without objections. The Court also deems the requests for admission admitted against Plaintiff.

Plaintiff’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 Plaintiff in the amount of $700.00 based on two hours of attorney time billed at $350.00 an hour. (Motions, Uzoh Decl., ¶9.) The sanctions are to be paid within 20 days of service of this order.

Conclusion

Defendant 1683-85 Longwood Avenue, LLC’s (1) Motion to Compel Answers to Form Interrogatories, Set One, and for Monetary Sanctions; (2) Motion to Compel Answers to Special Interrogatories, Set One, and for Monetary Sanctions and (3) Motion Deeming Requests for Admission, Set One, Admitted, and for Monetary Sanctions are GRANTED. PLAINTIFF DADSON WASHER SERVICE, INC. IS TO SERVE VERIFIED RESPONSES TO THE INTERROGATORIES, WITHOUT OBJECTION, WITHIN 20 DAYS’ SERVICE OF THIS ORDER. PLAINTIFF IS ALSO ORDERED TO PAY SANCTIONS OF $700.00 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER. 

Moving party to give notice.