Judge: Mark E. Windham, Case: 23STLC03629, Date: 2023-11-06 Tentative Ruling

Case Number: 23STLC03629    Hearing Date: January 2, 2024    Dept: 26

Raglin v. Marrero, et al.

MOTION TO COMPEL RESPONSES TO INTERROGATORIES;

REQUEST FOR SANCTIONS

(CCP §§ 2030.290, 2023.010)

TENTATIVE RULING:  

Plaintiff Deondre Raglin’s Motion to Compel Responses to Special Interrogatories, Set One, and Request for Sanctions, is GRANTED. DEFENDANT DENNIS R. SMITH AKA DENNIS SMITH IS TO SERVE VERIFIED RESPONSES TO SPECIAL INTERROGATORIES, SET ONE, WITHOUT OBJECTIONS, WITHIN 20 DAYS’ SERVICE OF THIS ORDER. DEFENDANT DENNIS R. SMITH AKA DENNIS SMITH AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $250.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

On September 12, 2023, Plaintiff Deondre Raglin (“Plaintiff”) served Special Interrogatories, Set One, on Defendant Dennis R. Smith aka Dennis Smith (“Defendant Smith”). (Motion, Mehrban Decl., Exh. A.) Despite a meet and confer effort extending the deadline to serve verified responses without objections, Defendant Smith has not served responses to Interrogatories, numbers 1-4. (Id. at ¶¶4-5 and Exh. B.) Plaintiff filed the instant Motions to Compel Responses to Special Interrogatories, Set One, and Request for Sanctions, on November 28, 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 Smith’s failure to respond to the propounded discovery, Plaintiff is entitled to an order compelling them to serve verified responses to the discovery requests without objections.

Defendant Smith’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 Smith and counsel of record in the amount of $250.00 based on half-an-hour of attorney time billed at $500.00 per hour. (Motion, Mehrban Decl., ¶6.)

Conclusion

Plaintiff Deondre Raglin’s Motion to Compel Responses to Special Interrogatories, Set One, and Request for Sanctions, is GRANTED. DEFENDANT DENNIS R. SMITH AKA DENNIS SMITH IS TO SERVE VERIFIED RESPONSES TO SPECIAL INTERROGATORIES, SET ONE, WITHOUT OBJECTIONS, WITHIN 20 DAYS’ SERVICE OF THIS ORDER. DEFENDANT DENNIS R. SMITH AKA DENNIS SMITH AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $250.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice.