Judge: Mark E. Windham, Case: 23STLC05185, Date: 2024-04-17 Tentative Ruling

Case Number: 23STLC05185    Hearing Date: April 17, 2024    Dept: 26

Johnson v. RAR2 Villa Marina Center CA SPE, Inc., et al.

MOTION TO COMPEL RESPONSES TO INTERROGATORIES;

REQUEST FOR SANCTIONS

(CCP §§ 2030.290, 2023.010)

TENTATIVE RULING:  

Plaintiff Clifford Johnson’s (1) Motion to Compel Defendant RAR2 Villa Marina Center CA SPE, Inc.’s Responses to Special Interrogatories, Set One, and Request for Sanctions, is GRANTED. DEFENDANT RAR2 VILLA MARINA CENTER CA SPE, INC. IS TO SERVE VERIFIED RESPONSES TO SPECIAL INTERROGATORIES, SET ONE, WITHOUT OBJECTIONS, WITHIN 20 DAYS’ SERVICE OF THIS ORDER. DEFENDANT RAR2 VILLA MARINA CENTER CA SPE, INC. AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $500.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Plaintiff Clifford Johnson’s (1) Motion to Compel Defendant ISP2 Del Mar, LLC’s Responses to Special Interrogatories, Set One, and Request for Sanctions, is GRANTED. DEFENDANT ISP2 DEL MAR, LLC IS TO SERVE VERIFIED RESPONSES TO SPECIAL INTERROGATORIES, SET ONE, WITHOUT OBJECTIONS, WITHIN 20 DAYS’ SERVICE OF THIS ORDER. DEFENDANT ISP2 DEL MAR, LLC AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $500.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

On December 1, 2023, Plaintiff Clifford Johnson (“Plaintiff”) served Special Interrogatories, Set One, on Defendants ISP2 Del Mar, LLC (“Defendant ISP2”) and RAR2 Villa Marina Center CA SPE, Inc. (Motions, Mehrban Decl., Exh. A.) Despite a meet-and-confer effort extending the deadline to serve verified responses without objections, Defendants have not served responses. (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 February 27, 2024. Defendants filed untimely oppositions on April 5, 2024.

The oppositions do not dispute that Defendants received the meet and confer letter or have yet to serve verified responses after the extended deadline of February 22, 2024. They simply contend that supplemental responses with verifications will be provided. In fact, the oppositions are not even supported by any legal authority or declarations.

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 Defendants’ 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.

Defendants’ 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 Defendants and counsel of record in the amount of $500.00 per motion based on one hour of attorney time billed at $500.00 per hour. (Motions, Mehrban Decl., ¶6.)

Conclusion

Plaintiff Clifford Johnson’s (1) Motion to Compel Defendant RAR2 Villa Marina Center CA SPE, Inc.’s Responses to Special Interrogatories, Set One, and Request for Sanctions, is GRANTED. DEFENDANT RAR2 VILLA MARINA CENTER CA SPE, INC. IS TO SERVE VERIFIED RESPONSES TO SPECIAL INTERROGATORIES, SET ONE, WITHOUT OBJECTIONS, WITHIN 20 DAYS’ SERVICE OF THIS ORDER. DEFENDANT RAR2 VILLA MARINA CENTER CA SPE, INC. AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $500.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Plaintiff Clifford Johnson’s (1) Motion to Compel Defendant ISP2 Del Mar, LLC’s Responses to Special Interrogatories, Set One, and Request for Sanctions, is GRANTED. DEFENDANT ISP2 DEL MAR, LLC IS TO SERVE VERIFIED RESPONSES TO SPECIAL INTERROGATORIES, SET ONE, WITHOUT OBJECTIONS, WITHIN 20 DAYS’ SERVICE OF THIS ORDER. DEFENDANT ISP2 DEL MAR, LLC AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $500.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice.