Judge: Mark E. Windham, Case: 22STLC05049, Date: 2023-04-25 Tentative Ruling

Case Number: 22STLC05049    Hearing Date: April 25, 2023    Dept: 26

Mamatyuk v. Mezinwa, et al.

MOTION TO COMPEL RESPONSES TO INTERROGATORIES;

REQUEST FOR SANCTIONS

(CCP §§ 2030.290, 2023.010)

TENTATIVE RULING:  

Defendant Solomon Onychachukwu Mezinwa’s (1) Motion to Compel Responses to Form Interrogatories, Set One, and Request for Sanctions; and (2) Motion to Compel Responses to Demand for Identification and Inspection of Documents, Set One, and Request for Sanctions, are GRANTED. PLAINTIFF EVGENIY MAMATYUK IS TO SERVE VERIFIED RESPONSES TO THE DISCOVERY REQUESTS WITHOUT OBJECTIONS WITHIN 20 DAYS’ SERVICE OF THIS ORDER. PLAINTIFF IS FURTHER ORDERED TO PAY SANCTIONS OF $623.30 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

On November 28, 2022, Defendant Solomon Onychachukwu Mezinwa (“Defendant”) served Form Interrogatories, Set One, and Request for Identification and Inspection of Documents, Set One, on Plaintiff Evgeniy Mamatyuk (“Plaintiff”). (Motions, Lira Decl., Exh. B.) Despite a meet and confer effort extending the deadline to respond to the requests, Plaintiff has not served responses. (Id. at ¶3 and Exh. C.) Defendant filed the instant (1) Motion to Compel Responses to Form Interrogatories, Set One, and Request for Sanctions; and (2) Motion to Compel Responses to Demand for Identification and Inspection of Documents, Set One, and Request for Sanctions on March 29, 2023. No opposition has been filed to date.

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. 2031.300.) Further, the motion can be brought any time after the responding party fails to provide the responses.  (Code Civ. Proc., §§ 2030.290. 2031.300.) Based on Plaintiff’s failure to respond to the propounded discovery, Defendant is entitled to an order compelling service of verified responses to the discovery requests without objections.

Plaintiff’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 $623.30 based on two hours of attorney time billed at $250.00 per hour, and $61.65 in costs per motion. (Motions, Lira Decl., ¶5.)

Conclusion

Defendant Solomon Onychachukwu Mezinwa’s (1) Motion to Compel Responses to Form Interrogatories, Set One, and Request for Sanctions; and (2) Motion to Compel Responses to Demand for Identification and Inspection of Documents, Set One, and Request for Sanctions, are GRANTED. PLAINTIFF EVGENIY MAMATYUK IS TO SERVE VERIFIED RESPONSES TO THE DISCOVERY REQUESTS WITHOUT OBJECTIONS WITHIN 20 DAYS’ SERVICE OF THIS ORDER. PLAINTIFF IS FURTHER ORDERED TO PAY SANCTIONS OF $623.30 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice.