Judge Mark E. Windham, Case Number: 23STLC06528, Date: 2024-06-26 Tentative Ruling

Judge: Mark E. Windham, Case: 23STLC06528, Date: 2024-06-26 Tentative Ruling

Case Number: 23STLC06528 Hearing Date: June 26, 2024 Dept: 26

Avilez v. The Guarantee Company of North America USA, et al.

MOTION TO COMPEL RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, AND REQUEST FOR SANCTIONS

(CCP §§ 2031.300, 2023.010)

TENTATIVE RULING:

Plaintiff Jose R. Avilez’s Motion to Compel Responses to Request for Production of Documents, Set One, and Request for Sanctions is GRANTED. DEFENDANT RAYMOND SHARIFPOUR DBA WHITE DIAMOND AUTO SALES IS TO SERVE VERIFIED RESPONSES TO THE DISCOVERY REQUESTS, WITHOUT OBJECTIONS, WITHIN 20 DAYS’ SERVICE OF THIS ORDER. DEFENDANT RAYMOND SHARIFPOUR DBA WHITE DIAMOND AUTO SALES ANDA AND COUNSEL OF RECORD ARE ORDERED TO PAY SANCTIONS OF $485.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

On February 21, 2024, Plaintiff Jose R. Avilez (“Plaintiff”) served Request for Production of Documents, Set One, on Defendant Raymond Sharifpour dba White Diamond Auto Sales (“Defendant Sharifpour”). (Motion, Sadr Decl., Exh. 3.) Despite a meet and confer effort extending the deadline to serve verified responses without objections, Defendant Sharifpour has not served responses to the discovery. (Id. at ¶¶6-8 and Exhs. 4-5.) Plaintiff filed the instant Motion to Compel Responses to Request for Production of Documents and Request for Monetary Sanctions, on April 25, 2024. An Amended Notice of Motion and Motion was filed on May 3, 2024. No opposition has been filed to date.

Discussion

Based on Defendant Sharifpour’s failure to serve initial responses to the discovery, the Compel Responses to Request for Production of Documents and Request for Monetary Sanctions, is granted. (Code Civ. Proc., § 2031.300.) There is no requirement for a prior meet and confer effort before a motion to compel initial responses can be filed. (Code Civ. Proc., § 2031.300.) Furthermore, the motion can be brought at any time after the responding party fails to provide the responses. (Code Civ. Proc., § 2031.300.) Therefore, Plaintiff is entitled to an order compelling Defendant Sharifpour to serve verified responses to the Request for Production of Documents, Set One, without objections.

Defendant Sharifpour’s failure to timely respond also 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. However, the amount sought is excessive for a simple and unopposed motion to compel initial discovery responses. Pursuant to a lodestar calculation, sanctions are awarded against Defendant Sharifpour in the amount of $485.00 based on half-and-hour of attorney time billed at $650.00 per hour and costs of $160.00. (Motion, Sadr Decl., ¶¶11-12.)

Conclusion

Moving party to give notice.