Judge: Mark E. Windham, Case: 22STLC04485, Date: 2023-03-15 Tentative Ruling

Case Number: 22STLC04485    Hearing Date: March 15, 2023    Dept: 26

                                                                           Romero v. Carpio, Jr., et al.

MOTION TO COMPEL RESPONSES TO DEMAND FOR PRODUCTION

AND REQUEST FOR MONETARY SANCTIONS

                                                                             (CCP §§ 2031.300, 2023.010)

TENTATIVE RULING:  

Plaintiff Viviana Romero’s Motion to Compel Responses to Request for Production of Documents, Set One; Request for Sanctions is GRANTED. DEFENDANT RANDU LUGONAVARRO DBA 710 AUTO SALES AND 714 AUTO SALES IS TO SERVE VERIFIED RESPONSES TO THE REQUESTS WITHOUT OBJECTIONS WITHIN 20 DAYS’ SERVICE OF THIS ORDER. RANDU LUGONAVARRO DBA 710 AUTO SALES AND 714 AUTO SALES IS FURTHER ORDERED TO PAY SANCTIONS OF $322.65 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

On November 9, 2022, Plaintiff Viviana Romero (“Plaintiff”) served Request for Production of Documents, Set One, on Defendant Randu Lugonavarro dba 710 Auto Sales and 714 Auto Sales (“Defendant Lugonavarro”). (Motion, Cooper Decl., Exh. A.) Despite a meet and confer effort extending the deadline to respond to the requests, Defendant Lugonavarro has not served responses. (Id. at Exhs. B-C.) Plaintiff filed the instant Motion to Compel Responses to Request for Production of Documents, Set One and Request for Sanctions, on February 9, 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., § 2031.300.) Further, the motion can be brought any time after the responding party fails to provide the responses.  (Code Civ. Proc., § 2031.300.) Based on Plaintiff’s failure to respond to the propounded discovery, Defendant is entitled to an order compelling Plaintiff to serve verified responses to the requests without objections.

Defendant Lugonavarro’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 awarded in the amount of $322.65 based on half-an-hour of attorney time billed at $525.00 per hour, and $60.00 in costs per motion. (Motion, Cooper Decl., ¶4.)

Conclusion

Plaintiff Viviana Romero’s Motion to Compel Responses to Request for Production of Documents, Set One; Request for Sanctions is GRANTED. DEFENDANT RANDU LUGONAVARRO DBA 710 AUTO SALES AND 714 AUTO SALES IS TO SERVE VERIFIED RESPONSES TO THE REQUESTS WITHOUT OBJECTIONS WITHIN 20 DAYS’ SERVICE OF THIS ORDER. RANDU LUGONAVARRO DBA 710 AUTO SALES AND 714 AUTO SALES IS FURTHER ORDERED TO PAY SANCTIONS OF $322.65 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice.