Judge: Mark E. Windham, Case: 23STLC03087, Date: 2023-10-24 Tentative Ruling

Case Number: 23STLC03087    Hearing Date: November 22, 2023    Dept: 26

Diaz v. Pacific Business Corporation, et al.

MOTION TO COMPEL RESPONSES TO INTERROGATORIES;

REQUEST FOR SANCTIONS

(CCP §§ 2030.290, 2023.010)

TENTATIVE RULING:  

Plaintiff Alejandro Diaz’s Motion to Compel Defendant T&T Lifestyle, LLC’s Responses to Special Interrogatories, Set One, and Request for Sanctions, is GRANTED. DEFENDANT T&T LIFESTYLE, LLC IS TO SERVE VERIFIED RESPONSES TO SPECIAL INTERROGATORIES, SET ONE, WITHOUT OBJECTIONS, WITHIN 20 DAYS’ SERVICE OF THIS ORDER. DEFENDANT T&T LIFESTYLE, LLC IS ORDERED TO PAY SANCTIONS OF $500.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

On July 5, 2023, Plaintiff Alejandro Diaz (“Plaintiff”) served Special Interrogatories, Set One, on Defendant T&T Lifestyle, LLC (“Defendant T&T”). (Motion, Mehrban Decl., Exh. A.) Despite a meet-and-confer effort extending the deadline to serve verified responses without objections, Defendant T&T 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 August 30, 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 any time after the responding party fails to provide the responses.  (Code Civ. Proc., §§ 2030.290.) Based on Defendant T&T’s failure to respond to the propounded discovery, Plaintiff is entitled to an order compelling it to serve verified responses to the discovery requests without objections.

Defendant T&T’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 T&T in the amount of $500.00 based on one hour of attorney time billed at $500.00 per hour. (Motion, Mehrban Decl., ¶6.)

Conclusion

Plaintiff Alejandro Diaz’s Motion to Compel Defendant T&T Lifestyle, LLC’s Responses to Special Interrogatories, Set One, and Request for Sanctions, is GRANTED. DEFENDANT T&T LIFESTYLE, LLC IS TO SERVE VERIFIED RESPONSES TO SPECIAL INTERROGATORIES, SET ONE, WITHOUT OBJECTIONS, WITHIN 20 DAYS’ SERVICE OF THIS ORDER. DEFENDANT T&T LIFESTYLE, LLC IS ORDERED TO PAY SANCTIONS OF $500.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice.