Judge: Mark E. Windham, Case: 23STLC01460, Date: 2023-08-08 Tentative Ruling

Case Number: 23STLC01460    Hearing Date: August 8, 2023    Dept: 26

Marquez v. Arce, et al.

MOTION TO COMPEL RESPONSES TO INTERROGATORIES;

REQUEST FOR SANCTIONS

(CCP §§ 2030.290, 2023.010)

TENTATIVE RULING:  

Plaintiff Luis Marquez’s Motion to Compel Responses to Special Interrogatories, Set One, and Request for Sanctions is GRANTED. DEFENDANT ANA LAURA GONZALEZ IS TO SERVE VERIFIED RESPONSES TO SPECIAL INTERROGATORIES, SET ONE, NO. 5, 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 May 11, 2023, Plaintiff Luis Marquez (“Plaintiff”) served Special Interrogatories, Set One, on Defendant Ana Laura Gonzalez (“Defendant Gonzalez”). (Motion, Mehrban Decl., Exh. A.) Despite a meet and confer effort extending the deadline to serve verified responses without objections, Defendant Gonzalez has not done so with respect to Interrogatory No. 5. (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 July 6, 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 Gonzalez’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 Gonzalez’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. 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 Luis Marquez’s Motion to Compel Responses to Special Interrogatories, Set One, and Request for Sanctions is GRANTED. DEFENDANT ANA LAURA GONZALEZ IS TO SERVE VERIFIED RESPONSES TO SPECIAL INTERROGATORIES, SET ONE, NO. 5, 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.