Judge Mark E. Windham, Case Number: 23STLC02839, Date: 2023-10-24 Tentative Ruling

Judge: Mark E. Windham, Case: 23STLC02839, Date: 2023-10-24 Tentative Ruling

Case Number: 23STLC02839 Hearing Date: October 24, 2023 Dept: 26

Bailey v. Smalley, et al.

MOTION TO COMPEL RESPONSES TO INTERROGATORIES;

REQUEST FOR SANCTIONS

(CCP §§ 2030.290, 2023.010)

TENTATIVE RULING:

Plaintiff Mister Bailey’s Motion to Compel Defendant Juan F. Vaquerano’s Responses to Special Interrogatories, Set One, and Request for Sanctions, is GRANTED. DEFENDANT JUAN F. VAQUERANO IS TO SERVE VERIFIED RESPONSES TO SPECIAL INTERROGATORIES, SET ONE, WITHOUT OBJECTIONS, WITHIN 20 DAYS’ SERVICE OF THIS ORDER. DEFENDANT JUAN F. VAQUERANO IS ORDERED TO PAY SANCTIONS OF $500.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

On July 11, 2023, Plaintiff Mister Bailey (“Plaintiff”) served Special Interrogatories, Set One, on Defendant Juan F. Vaquerano (“Defendant Vaquerano”). (Motion, Mehrban Decl., Exh. A.) Despite a meet-and-confer effort extending the deadline to serve verified responses without objections, Defendant Vaquerano has not served responses. (Id. at ¶¶4-5 and Exh. B.) Plaintiff filed the instant Motion to Compel Responses to Special Interrogatories, Set One, and Request for Sanctions, on September 7, 2023. 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 Vaquerano’s failure to respond to the propounded discovery, Plaintiff is entitled to an order compelling service of verified responses to the discovery requests without objections.

Defendant Vaquerano’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. Sanctions are awarded against Defendant Vaquerano in the amount of $500.00 based on one hour of attorney time billed at $500.00 per hour. (Motion, Mehrban Decl., ¶6.)

Conclusion

Moving party to give notice.