Judge: Mark E. Windham, Case: 22STLC07802, Date: 2023-05-22 Tentative Ruling

Case Number: 22STLC07802    Hearing Date: May 25, 2023    Dept: 26

Sherfield v. Mariscos El Viejon, Inc., et al.

MOTION TO COMPEL RESPONSES TO INTERROGATORIES;

REQUEST FOR SANCTIONS

(CCP §§ 2030.290, 2023.010)

TENTATIVE RULING:  

Plaintiff Ricardo Sherfield’s Motion to Compel Responses to Special Interrogatories, Set One, and Request for Sanctions is GRANTED. DEFENDANT MARIA G. PADILLA AKA MARIA GUADALUPE PADILLA AS TRUSTEE OF THE MARIA G. PADILLA FAMILY TRUST IS TO SERVE VERIFIED RESPONSES TO THE DISCOVERY REQUESTS WITHOUT OBJECTIONS WITHIN 20 DAYS’ SERVICE OF THIS ORDER. DEFENDANT AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $500.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

On November 17, 2022, Plaintiff Ricardo Sherfield (“Plaintiff”) served Special Interrogatories, Set One, on Defendant Maria G. Padilla Aka Maria Guadalupe Padilla As Trustee Of The Maria G. Padilla Family Trust (“Defendant Padilla”). (Motion, Mehrban Decl., Exh. A.) Despite a meet and confer effort extending the deadline to serve verified responses without objections, Defendant Padilla has not done so. (Id. at ¶¶4-5 and Exh. B.) Plaintiff filed the instant Motion to Compel Responses to Special Interrogatories, Set One, and Request for Sanctions, on April 19, 2023. No opposition has been filed to date.

There is no requirement for a prior meet and confer effort before a motion to compel initial responses can be filed. (Code Civ. Proc., § 2030.290.) Further, the motion can be brought any time after the responding party fails to provide the responses.  (Code Civ. Proc., §§ 2030.290.) Based on Defendant Padilla’s failure to respond to the propounded discovery, Plaintiff is entitled to an order compelling them to serve verified responses to the discovery requests without objections.

Defendant Padilla’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 $500.00 based on one hour of attorney time billed at $500.00 per hour. (Motion, Mehrban Decl., ¶6.)

Conclusion

Plaintiff Ricardo Sherfield’s Motion to Compel Responses to Special Interrogatories, Set One, and Request for Sanctions is GRANTED. DEFENDANT MARIA G. PADILLA AKA MARIA GUADALUPE PADILLA AS TRUSTEE OF THE MARIA G. PADILLA FAMILY TRUST IS TO SERVE VERIFIED RESPONSES TO THE DISCOVERY REQUESTS WITHOUT OBJECTIONS WITHIN 20 DAYS’ SERVICE OF THIS ORDER. DEFENDANT AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $500.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice.