Judge: Mark E. Windham, Case: 22STLC05545, Date: 2023-11-21 Tentative Ruling

Case Number: 22STLC05545    Hearing Date: November 21, 2023    Dept: 26

Bill Davis Drywall, Inc. v. Pink, 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:

Plaintiff Bill Davis Drywall, Inc.’s (1) Motion Compelling Responses to Special Interrogatories, Set One, and for Monetary Sanctions; (2) Motion Compelling Responses to Request for Production of Documents, Set One, and for Monetary Sanctions; and (3) Motion Deeming Requests for Admission, Set One, Admitted, and for Monetary Sanctions, are GRANTED. DEFENDANT JEFFREY PINK IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION TO THE INTERROGATORIES AND REQUESTS FOR PRODUCTION WITHIN 20 DAYS’ SERVICE OF THIS ORDER. DEFENDANT JEFFREY PINK IS ALSO ORDERED TO PAY SANCTIONS OF $780.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

Plaintiff Bill Davis Drywall, Inc. (“Plaintiff”) propounded Special Interrogatories, Set One, Requests for Production of Documents, Set One, and Requests for Admission, Set One, on Defendant Jeffrey Pink (“Defendant Pink”) on May 19, 2023. (Motions, Devine Decl., Exhs. A-C.) Despite a meet and confer effort, to date, no responses have been served. (Id. at ¶¶6-8 and Exh. D.)

Plaintiff filed the instant (1) Motion To Compel Responses To Special Interrogatories, Set One, and Request For Sanctions; (2) Motion To Compel Responses To Request for Production of Documents, Set One, and Request For Sanctions; and (3) Motion To Deem Requests For Admission, Set One, Admitted and Request For Sanctions on September 5, 2023. To date, no opposition has been filed.

Discussion

Based on Defendant Pink’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 at any time after the responding party fails to provide the responses. (Code Civ. Proc., §§ 2030.290; 2031.300; 2033.280.) Therefore, Plaintiff is entitled to an order compelling Defendant Pink to serve verified responses to the interrogatories and requests for production without objections. The Court also deems the requests for admission admitted against Defendant Pink.

Defendant Pink’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 Defendant Pink in the total amount of $780.00 based on two hours of attorney time billed at $300.00 an hour, plus $180.00 in costs. (Motions, Devine Decl., ¶¶9-14.) The sanctions are to be paid within 20 days’ service of this order.

Conclusion

Plaintiff Bill Davis Drywall, Inc.’s (1) Motion Compelling Responses to Special Interrogatories, Set One, and for Monetary Sanctions; (2) Motion Compelling Responses to Request for Production of Documents, Set One, and for Monetary Sanctions; and (3) Motion Deeming Requests for Admission, Set One, Admitted, and for Monetary Sanctions, are GRANTED. DEFENDANT JEFFREY PINK IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION TO THE INTERROGATORIES AND REQUESTS FOR PRODUCTION WITHIN 20 DAYS’ SERVICE OF THIS ORDER. DEFENDANT JEFFREY PINK IS ALSO ORDERED TO PAY SANCTIONS OF $780.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.   

Moving party to give notice.