Judge: Mark E. Windham, Case: 23STLC00615, Date: 2024-06-13 Tentative Ruling

Case Number: 23STLC00615    Hearing Date: June 13, 2024    Dept: 26

Nasch Village Green, LP v. Storojev, 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 Laura Storojev’s (1) Motion to Compel Responses to Form Interrogatories, Sets One and Two, and Request for Sanctions; and (2) Motion to Deem Requests for Admission, Set One, Admitted, and Request for Sanctions, are GRANTED. PLAINTIFF NASCH VILLAGE GREEN, LP IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION TO THE INTERROGATORIES WITHIN 20 DAYS’ NOTICE OF THIS ORDER. ALSO WITHIN 20 DAYS OF THIS ORDER, PLAINTIFF NASCH VILLAGE GREEN, LP IS PAY SANCTIONS OF $900.00 TO DEFENSE COUNSEL.

ANALYSIS:

Defendant Laura Storojev (“Defendant”) propounded Form Interrogatories, Sets One and Two, and Requests for Admission, Set One, on Plaintiff Nasch Village Green, LP (“Plaintiff”) on January 26, 2024. (Motions, Brown Decl., Exhs. 1-2.) Despite a meet and confer effort, Plaintiff has not served responses as of the filing of the instant (1) Motion to Compel Responses to Form Interrogatories, Sets One and Two, and Request for Sanctions; (2) Motion to Deem Requests for Admission, Set One, Admitted, and Request for Sanctions, on May 21, 2024. (Id. at ¶¶3-11 and Exhs. 3-10.) As of the filing of these Motions, no responses have been served. (Id. ¶11.)

Based on Plaintiff’s 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 is entitled to an order compelling Plaintiff to serve verified responses to the interrogatories without objections. The Court also deems the requests for admission admitted against Plaintiff.

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. Sanctions are awarded against Plaintiff in the amount of $450.00 per motion based on two hours of attorney time billed at $450.00 per hour. (Motions, Brown Decl., ¶14.)

Conclusion

Defendant Laura Storojev’s (1) Motion to Compel Responses to Form Interrogatories, Sets One and Two, and Request for Sanctions; and (2) Motion to Deem Requests for Admission, Set One, Admitted, and Request for Sanctions, are GRANTED. PLAINTIFF NASCH VILLAGE GREEN, LP IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION TO THE INTERROGATORIES WITHIN 20 DAYS’ NOTICE OF THIS ORDER. ALSO WITHIN 20 DAYS OF THIS ORDER, PLAINTIFF NASCH VILLAGE GREEN, LP IS PAY SANCTIONS OF $900.00 TO DEFENSE COUNSEL.

Moving party to give notice.