Judge Mark E. Windham, Case Number: 23STLC05694, Date: 2024-03-28 Tentative Ruling

Judge: Mark E. Windham, Case: 23STLC05694, Date: 2024-03-28 Tentative Ruling

Case Number: 23STLC05694 Hearing Date: March 28, 2024 Dept: 26

McNair v. LA Live Theater, LLC, et al.

MOTION TO COMPEL RESPONSES TO INTERROGATORIES;

REQUEST FOR SANCTIONS

(CCP §§ 2030.290, 2023.010)

TENTATIVE RULING:

Plaintiff Keenan McNair’s Motion to Compel Responses to Special Interrogatories, Set One, and Request for Sanctions, is GRANTED. DEFENDANT LA LIVE THEATER, LLC IS TO SERVE VERIFIED RESPONSES TO SPECIAL INTERROGATORIES, SET ONE, WITHOUT OBJECTIONS, WITHIN 20 DAYS’ SERVICE OF THIS ORDER. DEFENDANT LA LIVE THEATER, 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 29, 2023, Plaintiff Keenan McNair (“Plaintiff”) served Special Interrogatories, Set One, on Defendant LA Live Theater, LLC (“Defendant”). (Motion, Mehrban Decl., Exh. A.) Despite a meet-and-confer effort extending the deadline to serve verified responses without objections, Defendant 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 March 1, 2024. Defendant filed an untimely opposition on March 19, 2024 .

Defendant contends that it did not receive the discovery requests served on December 29, 2023 and only became aware of them on February 15, 2024 when Plaintiff’s counsel sent defense counsel another copy. (Opp., Hase Decl., ¶¶4-5.) The meet and confer letter from Plaintiff’s counsel, however, indicated that responses should be provided by February 22, 2024 to avoid a motion to compel responses. (Motion, Merhban Decl., Exh. B.) Defendant does not explain why the responses were not served by the extended deadline of February 22, 2024, or why another extension was not sought. Nor does Defendant explain why the opposition was not filed and served until March 19, 2024, when it was due by March 15, 2024 at the latest. Finally, no copy of the responses is attached to the opposition for the Court to evaluate their compliance with the statutory requirements.

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’s failure to timely respond to the propounded discovery, Plaintiff is entitled to an order compelling it to serve verified responses to the discovery requests without objections.

Defendant’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 and counsel of record 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.