Judge: Mark E. Windham, Case: 23STLC01716, Date: 2024-02-21 Tentative Ruling

Case Number: 23STLC01716    Hearing Date: February 21, 2024    Dept: 26

X-Tream Cleaning Service, Inc. v. Royal Personal Training, et al.

MOTION TO COMPEL RESPONSES TO INTERROGATORIES; SANCTIONS

(CCP §§ 2030.290, 2023.010)

TENTATIVE RULING:  

Plaintiff X-Tream Cleaning Service, Inc.’s Motion to Compel Responses to Form Interrogatories, Set One, and Request for Sanctions, is GRANTED. DEFENDANT ROYAL PERSONAL TRAINING IS TO SERVE VERIFIED RESPONSES TO FORM INTERROGATORIES, SET ONE, WITHOUT OBJECTIONS, WITHIN 20 DAYS’ SERVICE OF THIS ORDER. DEFENDANT AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $250.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

On September 20, 2023, Plaintiff X-Tream Cleaning Service, Inc. (“Plaintiff”) served Form Interrogatories, Set One, on Defendant Royal Personal Training (“Defendant”). (Motion, Hurt Decl., Exh. A.) Despite a meet and confer effort extending the deadline to serve verified responses without objections, Defendant has not served responses to Form Interrogatories, Set One. (Id. at ¶¶2-4 and Exh. B-C.) Plaintiff filed the instant Motions to Compel Responses to Form Interrogatories, Set One, and Request for Sanctions, on January 26, 2024. 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 at any time after the responding party fails to provide the responses.  (Code Civ. Proc., § 2030.290.) Based on Defendant’s failure to timely respond to the propounded discovery, Plaintiff is entitled to an order compelling them to serve verified responses to the discovery requests without objections.

Defendant’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 an unopposed motion to compel initial responses. Pursuant to a lodestar calculation, sanctions are awarded against Defendant and counsel of record in the amount of $250.00 based on half-an-hour of attorney time billed at $500.00 per hour. (Motion, Hurt Decl., ¶7.)

Conclusion

Plaintiff X-Tream Cleaning Service, Inc.’s Motion to Compel Responses to Form Interrogatories, Set One, and Request for Sanctions, is GRANTED. DEFENDANT ROYAL PERSONAL TRAINING IS TO SERVE VERIFIED RESPONSES TO FORM INTERROGATORIES, SET ONE, WITHOUT OBJECTIONS, WITHIN 20 DAYS’ SERVICE OF THIS ORDER. DEFENDANT AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $250.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice.