Judge: Mark E. Windham, Case: 22STLC06201, Date: 2023-03-22 Tentative Ruling
Case Number: 22STLC06201 Hearing Date: March 22, 2023 Dept: 26
MOTION
TO COMPEL RESPONSES TO INTERROGATORIES;
REQUEST
FOR SANCTIONS
(CCP
§§ 2030.290, 2023.010)
TENTATIVE RULING:
Defendant Marcus Xzavier Reed’s
Motion to Compel Responses to Request for Production of Documents, Set One;
Request for Sanctions is GRANTED. PLAINTIFF
GERALDINE N. OPARA IS TO SERVE VERIFIED RESPONSES TO THE DISCOVERY WITHOUT
OBJECTIONS WITHIN 20 DAYS’ SERVICE OF THIS ORDER. PLAINTIFF AND COUNSEL OF
RECORD ARE JOINTLY AND SEVERALLY ORDERED ARE ORDERED TO PAY SANCTIONS OF $261.65 TO DEFENSE COUNSEL WITHIN 20 DAYS’
SERVICE OF THIS ORDER.
ANALYSIS:
On October 25, 2022, Defendant Marcus Xzavier Reed
(“Defendant”) served Request for Production of Documents, Set One, on Plaintiff
Geraldine N. Opara (“Plaintiff”). (Motion,
Gualderon Decl., Exh. A.) Despite a meet and confer effort extending the
deadline to respond to the requests, Plaintiff has not served responses. (Id.
at Exh. B.) Defendant filed the instant Motion to Compel Responses to Request
for Production of Documents, Set One; Request for Sanctions, on February 23,
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 discovery 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 $261.65 based on one
hour of attorney time billed at $200.00 per hour, and $61.65 in costs. (Motion,
Gualderon Decl.,
¶7.)
Conclusion
Defendant Marcus Xzavier Reed’s Motion
to Compel Responses to Request for Production of Documents, Set One; Request
for Sanctions is GRANTED. PLAINTIFF GERALDINE
N. OPARA IS TO SERVE VERIFIED RESPONSES TO THE DISCOVERY WITHOUT OBJECTIONS
WITHIN 20 DAYS’ SERVICE OF THIS ORDER. PLAINTIFF AND COUNSEL OF RECORD ARE
JOINTLY AND SEVERALLY ORDERED ARE ORDERED TO PAY SANCTIONS OF $261.65 TO DEFENSE COUNSEL WITHIN 20 DAYS’
SERVICE OF THIS ORDER.
Moving party to give notice.