Judge: Mark E. Windham, Case: 22STLC05482, Date: 2023-03-09 Tentative Ruling

Case Number: 22STLC05482    Hearing Date: March 9, 2023    Dept: 26

Abrom v. Garcia, et al.

MOTION TO COMPEL RESPONSES TO INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS; DEEM REQUESTS FOR ADMISSION ADMITTED; REQUEST FOR SANCTIONS

(CCP §§ 2030.290, 2031.300, 2033.280, 2023.010)


TENTATIVE RULING:

Defendant Wilmer Paxtor Garcia’s (1) Motion Compelling Responses to Form Interrogatories, Set One and Request for Production of Documents, Set One, and for Monetary Sanctions; and (2) Motion Deeming Requests for Admission, Set One, Admitted and for Monetary Sanctions are GRANTED. PLAINTIFF MARKUS ABROM IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION TO THE INTERROGATORIES AND REQUESTS FOR PRODUCTION WITHIN 20 DAYS’ SERVICE OF THIS ORDER. PLAINTIFF IS ORDERED TO PAY SANCTIONS OF $600.00 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

Defendant Wilmer Paxtor Garcia (“Defendant”) propounded Form Interrogatories, Set One, Request for Production of Documents, Set One, and Requests for Admission, Set One, on Plaintiff Markus Abrom (“Plaintiff”) on November 18, 2022. (Motions, Glazer Decl., Exhs. A-B.) Despite a meet and confer effort, to date, no responses have been served. (Id. at ¶11 and Exhs. C-D.)

Plaintiff filed the instant (1) Motion To Compel Responses To Form Interrogatories, Set One and Request for Production of Documents, Set One, and Request For Sanctions; and (2) Motion To Deem Requests For Admission, Set One, Admitted and Request For Sanctions on February 6, 2023. Plaintiff’s counsel filed an opposition declaration on February 23, 2023.

Discussion

Based on Plaintiff’s failure to serve initial responses, the Motions to compel responses to interrogatories and request for production, and to deem admissions admitted are granted. (Code Civ. Proc., §§ 2030.290; 2031.300; 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; 2031.300; 2033.280.) Further, the motions can be brought any time after the responding party fails to provide the responses. (Code Civ. Proc., §§ 2030.290; 2031.300; 2033.280.) Therefore, Defendant is entitled to an order compelling Plaintiff to serve verified responses to the interrogatories and requests for production without objections. The Court also deems the requests for admission admitted against Plaintiff.

Plaintiff’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. However, the amount sought is excessive under a lodestar calculation. Therefore, the requests for sanctions are granted against Plaintiff in the total amount of $600.00 based on three hours of attorney time billed at $160.00 an hour, plus $120.00 in costs. (Motions, Glazer Decl., ¶10.) The sanctions are to be paid within 20 days’ service of this order.

Conclusion

Defendant Wilmer Paxtor Garcia’s (1) Motion Compelling Responses to Form Interrogatories, Set One and Request for Production of Documents, Set One, and for Monetary Sanctions; and (2) Motion Deeming Requests for Admission, Set One, Admitted and for Monetary Sanctions are GRANTED. PLAINTIFF MARKUS ABROM IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION TO THE INTERROGATORIES AND REQUESTS FOR PRODUCTION WITHIN 20 DAYS’ SERVICE OF THIS ORDER. PLAINTIFF IS ORDERED TO PAY SANCTIONS OF $600.00 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice.