Judge Mark E. Windham, Case Number: 23STLC02307, Date: 2024-08-06 Tentative Ruling

Judge: Mark E. Windham, Case: 23STLC02307, Date: 2024-08-06 Tentative Ruling

Case Number: 23STLC02307 Hearing Date: August 6, 2024 Dept: 26

Fred Loya Ins. Co. v. Vasquez, 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 Fred Loya Insurance Company’s (1) Motion to Compel Responses to Form Interrogatories, Set One, and Request for Sanctions; and (2) Motion to Deem Requests for Admission, Set One, Admitted, and Request for Sanctions, are GRANTED. DEFENDANT JENNIFER VASQUEZ IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION TO THE INTERROGATORIES WITHIN 20 DAYS’ NOTICE OF THIS ORDER. ALSO WITHIN 20 DAYS OF THIS ORDER, DEFENDANT JENNIFER VASQUEZ IS PAY SANCTIONS OF $795.00 TO PLAINTIFF’S COUNSEL.

ANALYSIS:

Plaintiff Fred Loya Insurance Company (“Defendant”) propounded Form Interrogatories, Set One, and Requests for Admission, Set One, on Defendant Jennifer Vasquez (“Defendant”) on February 14, 2024. (Motions, Mendelson Decl., Exh. 1.) Despite a meet and confer effort, Defendant has not served responses as of the filing of the instant (1) Motion to Compel Responses to Form Interrogatories, Set One, and Request for Sanctions; (2) Motion to Deem Requests for Admission, Set One, Admitted, and Request for Sanctions, on May 21, 2024. (Id. at ¶¶4-5 and Exh. B.) As of the filing of these Motions, no responses have been served. (Id. ¶5.)

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 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.

Plaintiff’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 these straightforward and unopposed motions. Sanctions are awarded against Defendant in the amount of $795.00 based on 1.5 hours of attorney time billed at $450.00 per hour, plus $60.00 in filing fees per motion. (Motions, Mendelson Decl., ¶5.)

Conclusion

Moving party to give notice.