Judge: Mark E. Windham, Case: 23STLC04715, Date: 2024-02-26 Tentative Ruling

Case Number: 23STLC04715    Hearing Date: February 26, 2024    Dept: 26

Melson v. Gonzalez, Jr., et al.

MOTION TO COMPEL RESPONSES TO INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS; DEEM REQUESTS FOR ADMISSION ADMITTED; REQUEST FOR SANCTIONS

(CCP §§ 2030.290, 2031.300, 2033.280, 2023.010)

TENTATIVE RULING:

Plaintiff Douglas Melson’s (1) Motion Compelling Responses to Form Interrogatories, Set One, and for Monetary Sanctions; (2) Motion Compelling Responses to Request for Production of Documents, Set One, and for Monetary Sanctions; and (3) Motion Deeming Requests for Admission, Set One, Admitted, and for Monetary Sanctions, are GRANTED. DEFENDANT MARIO GONZALEZ, JR. IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION TO THE INTERROGATORIES AND REQUESTS FOR PRODUCTION WITHIN 20 DAYS’ SERVICE OF THIS ORDER. DEFENDANT AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $930.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.  

ANALYSIS:

Plaintiff Douglas Melson (“Plaintiff”) propounded Form Interrogatories, Set One, Requests for Production of Documents, Set One, and Requests for Admission, Set One, on Defendant Mario Gonzalez, Jr. (“Defendant”) on September 26, 2023. (Motions, Piazza, Jr. Decl., Exhs. A.) Despite a meet and confer effort, to date, no responses have been served. (Id. at ¶¶6-9 and Exh. B.)

Plaintiff filed the instant (1) Motion To Compel Responses To Form Interrogatories, Set One, and Request For Sanctions; (2) Motion To Compel Responses To Request for Production of Documents, Set One, and Request For Sanctions; and (3) Motion To Deem Requests For Admission, Set One, Admitted and Request For Sanctions on January 17. To date, no opposition has been filed.

Discussion

Based on Defendant’s failure to serve initial responses, the Motions to compel responses to interrogatories and request for production, and to deem admissions admitted are granted. (Code Civ. Proc., §§ 2030.290; 2031.300; 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; 2031.300; 2033.280.) Further, the motions can be brought at any time after the responding party fails to provide the responses. (Code Civ. Proc., §§ 2030.290; 2031.300; 2033.280.) Therefore, Plaintiff is entitled to an order compelling Defendant to serve verified responses to the interrogatories and requests for production without objections. The Court also deems the requests for admission admitted against Defendant.

Defendant’s failure to timely respond to the requests 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 and counsel of record in the total amount of $930.00 based on three hours of attorney time billed at $250.00 an hour, plus $180.00 in costs. (Motions, Piazza, Jr. Decl., ¶12.) The sanctions are to be paid within 20 days’ service of this order.

Conclusion

Plaintiff Douglas Melson’s (1) Motion Compelling Responses to Form Interrogatories, Set One, and for Monetary Sanctions; (2) Motion Compelling Responses to Request for Production of Documents, Set One, and for Monetary Sanctions; and (3) Motion Deeming Requests for Admission, Set One, Admitted, and for Monetary Sanctions, are GRANTED. DEFENDANT MARIO GONZALEZ, JR. IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION TO THE INTERROGATORIES AND REQUESTS FOR PRODUCTION WITHIN 20 DAYS’ SERVICE OF THIS ORDER. DEFENDANT AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $930.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.   

Moving party to give notice.