Judge: Mark E. Windham, Case: 23STLC02244, Date: 2023-12-20 Tentative Ruling

Case Number: 23STLC02244    Hearing Date: December 20, 2023    Dept: 26

Rem v. Perales, et al.

MOTION TO COMPEL RESPONSES TO INTERROGATORIES; DEEM REQUESTS FOR ADMISSION ADMITTED; REQUEST FOR SANCTIONS

(CCP §§ 2030.290, 2033.280, 2023.010)

TENTATIVE RULING:

Plaintiff Reth Rem’s (1) Motion to Compel Responses to Special Interrogatories, Set One, and for Monetary Sanctions; (2) Motion to Compel Responses to Special Interrogatories, Set One, and for Monetary Sanctions; and (3) Motion Deeming Requests for Admission, Set One, Admitted, and for Monetary Sanctions are GRANTED. DEFENDANT JOSE A. PEREZ PERALES IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION TO THE INTERROGATORIES WITHIN 20 DAYS’ SERVICE OF THIS ORDER. DEFENDANT IS ALSO ORDERED TO PAY SANCTIONS OF $930.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

Plaintiff Reth Rem (“Plaintiff”) propounded Form Interrogatories, Set One, Special Interrogatories, Set One, and Requests for Admission, Set One, on Defendant Jose A. Perez Perales (“Defendant”) on July 20, 2023. (Motions, Piazza Decl., Exh. A.) Following a meet and confer effort and Defendant’s continued failure to serve responses, Plaintiff filed the instant (1) Motion to Compel Responses to Form Interrogatories, Set One, and Request For Sanctions; (2) Motion to Compel Responses to Special Interrogatories, Set One, and Request For Sanctions; and (3) Motion to Deem Requests for Admission, Set One, Admitted, and Request For Sanctions on November 13, 2023. To date, no opposition has been filed.

Discussion

Based on Defendant’s failure to serve initial responses to the discovery, the Motions to compel responses to interrogatories, and to deem admissions admitted, are granted. (Code Civ. Proc., §§ 2030.290; 2033.280.) There is no requirement for a prior meet and confer effort before a motion to compel initial responses or deem admissions admitted can be filed. (Code Civ. Proc., §§ 2030.290; 2033.280.) Further, the motion can be brought at any time after the responding party fails to provide the responses. (Code Civ. Proc., §§ 2030.290; 2033.280.) Therefore, Plaintiff is entitled to an order compelling Defendant to serve verified responses to the interrogatories without objections. The Court also deems the requests for admission admitted against Defendant.

Defendant’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 2033.280, 2023.010 and 2023.030 and have been properly noticed. Therefore, the requests for sanctions are granted against Defendant in the amount of $930.00 based on three hours of attorney time billed at $250.00 an hour, plus $60.00 in costs per motion. (Motions, Piazza Decl., ¶12.) The sanctions are to be paid within 20 days of service of this order.

Conclusion

Plaintiff Reth Rem’s (1) Motion to Compel Responses to Special Interrogatories, Set One, and for Monetary Sanctions; (2) Motion to Compel Responses to Special Interrogatories, Set One, and for Monetary Sanctions; and (3) Motion Deeming Requests for Admission, Set One, Admitted and for Monetary Sanctions are GRANTED. DEFENDANT JOSE A. PEREZ PERALES IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION TO THE INTERROGATORIES WITHIN 20 DAYS’ SERVICE OF THIS ORDER. DEFENDANT IS ALSO ORDERED TO PAY SANCTIONS OF $930.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER. 

Moving party to give notice.