Judge: Mark E. Windham, Case: 23STLC02119, Date: 2024-02-07 Tentative Ruling

Case Number: 23STLC02119    Hearing Date: February 8, 2024    Dept: 26

Durisseau v. Veros Credit, LLC, et al.

MOTION TO COMPEL RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS; REQUEST FOR SANCTIONS

(CCP §§ 2031.300, 2023.010)

TENTATIVE RULING:

Defendant Veros Credit, LLC’s Motion to Compel Responses to Request for Production of Documents, Set One, and for Monetary Sanctions is GRANTED. PLAINTIFF TASHIKA DURISSEAU IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION TO THE REQUEST FOR PRODUCTION OF DOCUMENTS WITHIN 20 DAYS’ SERVICE OF THIS ORDER. PLAINTIFF IS ALSO ORDERED TO PAY SANCTIONS OF $380.00 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER. 

ANALYSIS:

Defendant Veros Credit, LLC (“Defendant”) propounded Request for Production of Documents, Set One, on Plaintiff Tasika Durisseau (“Plaintiff”) on October 17, 2023. (Motion, Naples Decl., Exh. 1.) Following a meet and confer effort and the continued lack of any response from Plaintiff, Defendant filed the instant Motion to Compel Responses to Request for Production of Documents, Set One, on January 2, 2024. To date, no opposition has been filed.

Based on Plaintiff’s failure to serve initial responses to the discovery, the Motion to compel responses to Request for Production of Documents, Set One, is granted. (Code Civ. Proc., § 2031.300.) 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 at any time after the responding party fails to respond. (Code Civ. Proc., § 2031.300.) Therefore, Defendant is entitled to an order compelling Plaintiff to serve verified responses to the requests for production without objections.

Plaintiff’s failure to timely respond to the requests also 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. The requests for sanctions are granted against Plaintiff in the amount of $380.00 based on one hour of attorney time billed at $320.00 an hour, plus $60.00 in costs. (Motion, Naples Decl., ¶5.) The sanctions are to be paid within 20 days of service of this order.

Conclusion

 Defendant Veros Credit, LLC’s Motion to Compel Responses to Request for Production of Documents, Set One, and for Monetary Sanctions is GRANTED. PLAINTIFF TASHIKA DURISSEAU IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION TO THE REQUEST FOR PRODUCTION OF DOCUMENTS WITHIN 20 DAYS’ SERVICE OF THIS ORDER. PLAINTIFF IS ALSO ORDERED TO PAY SANCTIONS OF $380.00 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER. SANCTIONS ARE STAYED FOR 20 DAYS AND ARE PERMANENTLY STAYED UPON COMPLIANCE WITH THE DISCOVERY ORDER.

Moving party to give notice.