Judge: Mark E. Windham, Case: 23STLC00901, Date: 2023-10-12 Tentative Ruling

Case Number: 23STLC00901    Hearing Date: October 12, 2023    Dept: 26

State Farm v. Kugel, et al.

MOTION TO COMPEL RESPONSES TO INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS AND REQUEST FOR MONETARY SANCTIONS

 (CCP §§ 2030.290, 2031.300, 2023.030)

TENTATIVE RULING:  

Defendant PV Holding Corporation’s (1) Motion to Compel Responses to Form Interrogatories, Set One, and Request for Sanctions; and (2) Motion to Compel Responses to Request for Production of Documents, Set One, and Request for Sanctions, are GRANTED. PLAINTIFF STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY IS TO SERVE VERIFIED RESPONSES TO THE DISCOVERY REQUESTS WITHOUT OBJECTIONS WITHIN 20 DAYS’ SERVICE OF THIS ORDER. PLAINTIFF AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $493.30 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

On May 18, 2023, Defendant PV Holding Corporation (“Defendant PV”) served Form Interrogatories, Set One and Request for Production of Documents, Set One, on Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) (Motions, Stone Decl., Exh. A.) Despite a meet and confer effort extending the deadline to serve verified responses without objections, Plaintiff has not done so. (Id. at Exh. B.) Defendant PV filed the instant (1) Motion to Compel Responses to Form Interrogatories, Set One, and Request for Sanctions; and (1) Motion to Compel Responses to Request for Production of Documents, Set One, and Request for Sanctions, on August 9, 2023. No oppositions have been filed to date.

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 timely respond to the propounded discovery, Defendant PV is entitled to an order compelling service of verified responses to the discovery requests 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 $493.30 based on two hours of attorney time billed at $185.00 per hour and filing fees of $61.65 per motion. (Motions, Stone Decl., ¶¶7-8.)

Conclusion

Defendant PV Holding Corporation’s (1) Motion to Compel Responses to Form Interrogatories, Set One, and Request for Sanctions; and (2) Motion to Compel Responses to Request for Production of Documents, Set One, and Request for Sanctions, are GRANTED. PLAINTIFF STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY IS TO SERVE VERIFIED RESPONSES TO THE DISCOVERY REQUESTS WITHOUT OBJECTIONS WITHIN 20 DAYS’ SERVICE OF THIS ORDER. PLAINTIFF AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $493.30 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice.