Judge: Mark E. Windham, Case: 22STLC07037, Date: 2023-02-02 Tentative Ruling

Case Number: 22STLC07037    Hearing Date: February 2, 2023    Dept: 26

Moore v. Johnson, Jr., DDS, et al.


MOTION TO COMPEL RESPONSES TO DEMAND FOR PRODUCTION

AND REQUEST FOR MONETARY SANCTIONS

 (CCP § 2031.300)

TENTATIVE RULING:

Defendant Raymont H. Johnson, Jr., DDS’s Motion to Compel Responses to Demand for Identification and Inspection of Documents, Set One, and Request for Sanctions is GRANTED. PLAINTIFF DANA MOORE IS TO SERVE VERIFIED RESPONSES TO THE DEMANDS WITHOUT OBJECTIONS WITHIN 20 DAYS’ SERVICE OF THIS ORDER. PLAINTIFF IS FURTHER ORDERED TO PAY SANCTIONS OF $285.00 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

On November 16, 2022, Defendant Raymont H. Johnson, Jr., DDS (“Defendant Johnson”) (erroneously sued as “Raymond Johnson, DDS”) served Demand for Identification and Inspection of Documents, Set One, on Plaintiff Dana Moore (“Plaintiff”). (Motion, Aloia Decl., Exh. A.) Despite a meet and confer effort extending the deadline to respond to the requests, Plaintiff has not served responses. (Id. at ¶4 and Exh. B.) Defendant Johnson filed the instant Motion to Compel Responses to Demand for Identification and Inspection of Documents, Set One, and Request for Sanctions on December 29, 2022. To date, no opposition has been filed.

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 them 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 $285.00 based on one hour of attorney time billed at $225.00 per hour, and $60.00 in costs. (Motion, Aloia Decl., ¶8.)  

Conclusion

Defendant Raymont H. Johnson, Jr., DDS’s Motion to Compel Responses to Demand for Identification and Inspection of Documents, Set One, and Request for Sanctions is GRANTED. PLAINTIFF DANA MOORE IS TO SERVE VERIFIED RESPONSES TO THE DEMANDS WITHOUT OBJECTIONS WITHIN 20 DAYS’ SERVICE OF THIS ORDER. PLAINTIFF IS FURTHER ORDERED TO PAY SANCTIONS OF $285.00 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice.