Judge: Mark E. Windham, Case: 23STLC01548, Date: 2023-10-09 Tentative Ruling

Case Number: 23STLC01548    Hearing Date: October 9, 2023    Dept: 26

Orozco, et al. v. Ocampo, 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 Manuel Ocampo’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. PLAINTIFFS YOHANSON WALKIR CASTELLANOS OROZCO AND ANA LUCIA ELIZABETH LANTAN GARCIA ARE TO SERVE VERIFIED RESPONSES TO THE DISCOVERY REQUESTS WITHIN 20 DAYS’ SERVICE OF THIS ORDER. PLAINTIFFS ARE FURTHER ORDERED TO PAY SANCTIONS OF $520.00 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

Defendant Manuel Ocampo (“Defendant”) propounded Form Interrogatories, Set One and Request for Production of Documents, Set One, on Plaintiffs Yohanson Walkir Castellanos Orozco and Ana Lucia Elizabeth Lantan Garcia (“Plaintiffs”) on April 28, 2023. (Motions, McEwan Decl., Exh. A.) Following Plaintiffs’ failure to respond, Defendant sought to meet and confer. (Id. ¶¶4-5 and  Exh. B.) When there was no response from Plaintiffs after the extended deadline, 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 Request for Production of Documents, Set One, and Request for Sanctions on August 16, 2023. To date, no opposition has been filed.

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., §§ 2030.290, 2031.300.) Further, the motion can be brought any time after the responding party fails to provide the responses. (Code Civ. Proc., §§ 2030.290, 2031.300.) Based on Plaintiffs’ failure to respond to the propounded discovery, Defendant is entitled to an order compelling service of verified responses to the discovery requests without objections.

Plaintiffs’ 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. Pursuant to a lodestar calculation, sanctions are awarded in the amount of $520.00 based on two hours of attorney time billed at $200.00 per hour, and $60.00 in costs. (Motions, McEwan Decl., ¶7.) 

Conclusion

Defendant Manuel Ocampo’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. PLAINTIFFS YOHANSON WALKIR CASTELLANOS OROZCO AND ANA LUCIA ELIZABETH LANTAN GARCIA ARE TO SERVE VERIFIED RESPONSES TO THE DISCOVERY REQUESTS WITHIN 20 DAYS’ SERVICE OF THIS ORDER. PLAINTIFFS ARE FURTHER ORDERED TO PAY SANCTIONS OF $520.00 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice.