Judge: Mark E. Windham, Case: 23PSCV01807, Date: 2024-07-10 Tentative Ruling

Case Number: 23PSCV01807    Hearing Date: July 10, 2024    Dept: 26

Yang v. Interinsurance Exchange of the Automobile Club, et al.

MOTION TO COMPEL RESPONSES TO INTERROGATORIES, AND REQUEST FOR SANCTIONS

(CCP §§ 2030.300, 2023.010)

TENTATIVE RULING:

Defendant Interinsurance Exchange of the Automobile Club’s (1) Motion to Compel Responses to Form Interrogatories, Set One, and Request for Sanctions; (2) Motion to Compel Responses to Special Interrogatories, Set One, and Request for Sanctions, are GRANTED. PLAINTIFF BIN YANG IS TO SERVE VERIFIED RESPONSES TO THE DISCOVERY REQUESTS, WITHOUT OBJECTIONS, WITHIN 20 DAYS’ SERVICE OF THIS ORDER. PLAINTIFF BIN YANG IS ALSO ORDERED TO PAY SANCTIONS OF $570.00 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

On January 9, 2024, Defendant Interinsurance Exchange of the Automobile Club (“Defendant”) served Form Interrogatories, Set One, and Special Interrogatories on Plaintiff Bin Yang (“Plaintiff”). (Motions, Vallone Decl., Exh. 1.) Despite a meet and confer effort extending the deadline to serve verified responses without objections, Plaintiff has not served responses to the discovery. (Id. at ¶¶5-7 and Exh. 2.) Defendant filed the instant (1) Motion to Compel Responses to Form Interrogatories, Set One, and Request for Sanctions; and (2) Motion to Compel Responses to Special Interrogatories, Set One, and Request for Sanctions, on June 7, 2024. No oppositions have been filed to date.

Discussion

Based on Plaintiff’s failure to serve initial responses to the discovery, the Motions to Compel Responses to Interrogatories, are granted. (Code Civ. Proc., § 2030.290.) 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.) Furthermore, the motion can be brought at any time after the responding party fails to provide the responses. (Code Civ. Proc., § 2030.290.) Therefore, Defendant is entitled to an order compelling Plaintiff to serve verified responses to the interrogatories 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 for simple and unopposed motions. Pursuant to a lodestar calculation, sanctions are awarded against Plaintiff in the amount of $570.00 based on two hours of attorney time billed at $225.00 per hour and costs of $60.00 per motion. (Motions, Vallone Decl., ¶¶10.)

Conclusion

Defendant Interinsurance Exchange of the Automobile Club’s (1) Motion to Compel Responses to Form Interrogatories, Set One, and Request for Sanctions; (2) Motion to Compel Responses to Special Interrogatories, Set One, and Request for Sanctions, are GRANTED. PLAINTIFF BIN YANG IS TO SERVE VERIFIED RESPONSES TO THE DISCOVERY REQUESTS, WITHOUT OBJECTIONS, WITHIN 20 DAYS’ SERVICE OF THIS ORDER. PLAINTIFF BIN YANG IS ALSO ORDERED TO PAY SANCTIONS OF $570.00 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice.