Judge: Mark E. Windham, Case: 22STLC06595, Date: 2024-03-26 Tentative Ruling

Case Number: 22STLC06595    Hearing Date: March 27, 2024    Dept: 26

Caceres, et al. v. Koo, et al.

MOTION TO COMPEL RESPONSES TO INTERROGATORIES; DEEM REQUESTS FOR ADMISSION ADMITTED; REQUEST FOR SANCTIONS

(CCP §§ 2030.290, 2033.280, 2023.010)

TENTATIVE RULING:

Defendant Jin Koo’s (1) Motion Compelling Responses to Special Interrogatories, Set One, and for Monetary Sanctions; and (2) Motion Deeming Requests for Admission, Set One, Admitted and for Monetary Sanctions are GRANTED. PLAINTIFF LUIS CACERES IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION TO THE INTERROGATORIES WITHIN 20 DAYS’ SERVICE OF THIS ORDER. PLAINTIFF LUIS CACERES IS ALSO ORDERED TO PAY SANCTIONS OF $500.00 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER. 

ANALYSIS:

On October 12, 2023, Defendant/Cross-Complainant Jin Koo (“Defendant Koo”) served Special Interrogatories, Set One and Requests for Admissions, Set One, on Plaintiff Luis Caceres (“Plaintiff Caceres”). (Motions, Bhatia Decl., Exh. A.) Despite a meet and confer effort extending the deadline to serve verified responses without objections, Plaintiff Caceres has not served responses to the discovery. (Id. at ¶¶5-10 and Exh. B.) Defendant Koo filed the instant (1) Motion To Compel Responses To Special Interrogatories, Set One, and Request For Sanctions; and (2) Motion To Deem Requests For Admission, Set One, Admitted and Request For Sanctions on February 27, 2024. No opposition has been filed to date.

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

Plaintiff Caceres’ 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 for simple and unopposed motions. Pursuant to a lodestar calculation, sanctions are awarded against Plaintiff Caceres in the amount of $500.00 based on two hours of attorney time billed at $190.00 per hour and filing fees of $60.00 per motion. (Motions, Bhatia Decl., ¶13.)

Conclusion

Defendant Jin Koo’s (1) Motion Compelling Responses to Special Interrogatories, Set One, and for Monetary Sanctions; and (2) Motion Deeming Requests for Admission, Set One, Admitted and for Monetary Sanctions are GRANTED. PLAINTIFF LUIS CACERES IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION TO THE INTERROGATORIES WITHIN 20 DAYS’ SERVICE OF THIS ORDER. PLAINTIFF LUIS CACERES IS ALSO ORDERED TO PAY SANCTIONS OF $500.00 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER. 

Moving party to give notice.