Judge: Mark E. Windham, Case: 23STLC06800, Date: 2024-06-10 Tentative Ruling

Case Number: 23STLC06800    Hearing Date: June 10, 2024    Dept: 26

Anda v. City of Whittier, et al.

MOTION TO COMPEL RESPONSES TO INTERROGATORIES;

REQUEST FOR SANCTIONS

(CCP §§ 2030.290, 2023.010)

TENTATIVE RULING:  

Defendant Cappo Management XLI LLC dba Ocean Honda of Whittier’s (1) Motion to Compel Responses to Form Interrogatories, Set One, and Request for Sanctions; and (2) Motion to Compel Responses to Special Interrogatories, Set One, and Request for Sanctions, are GRANTED. PLAINTIFF MARTHA DELIA ANDA IS TO SERVE VERIFIED RESPONSES TO THE INTERROGATORIES, WITHOUT OBJECTIONS, WITHIN 20 DAYS’ SERVICE OF THIS ORDER. PLAINTIFF MARTHA DELIA ANDA AND COUNSEL OF RECORD ARE ORDERED TO PAY SANCTIONS OF $546.00 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

On January 19, 2024, Defendant Cappo Management XLI LLC dba Ocean Honda of Whittier (“Defendant Ocean Honda”) served Form Interrogatories, Set One and Special Interrogatories, Set One, on Plaintiff Martha Delia Anda (“Plaintiff”). (Motions, Chang Decl., Exh. A.) Despite a meet and confer effort extending the deadline to serve verified responses without objections, Plaintiff has not served responses to the discovery. (Id. at ¶¶4-10 and Exh. B.) Defendant Ocean Honda filed the instant (1) Motion to Compel Responses to Form Interrogatories, Set One, and Request for Sanctions; and (2) Motion to Compel Responses to Special Interrogatories, Set One, and Request for Sanctions, on April 26, 2024. 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 Plaintiff’s failure to timely respond to the propounded discovery, Defendant Ocean Honda is entitled to an order compelling them to serve verified responses to the discovery requests without objections.

Plaintiff’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. However, the amount sought is excessive for simple and unopposed motions. Pursuant to a lodestar calculation, sanctions are awarded against Plaintiff in the amount of $546.00 based on two hours of attorney time billed at $213.00 per hour and filing fees of $60.00 per motion. (Motions, Chang Decl., ¶11.)

Conclusion

Defendant Cappo Management XLI LLC dba Ocean Honda of Whittier’s (1) Motion to Compel Responses to Form Interrogatories, Set One, and Request for Sanctions; and (2) Motion to Compel Responses to Special Interrogatories, Set One, and Request for Sanctions, are GRANTED. PLAINTIFF MARTHA DELIA ANDA IS TO SERVE VERIFIED RESPONSES TO THE INTERROGATORIES, WITHOUT OBJECTIONS, WITHIN 20 DAYS’ SERVICE OF THIS ORDER. PLAINTIFF MARTHA DELIA ANDA AND COUNSEL OF RECORD ARE ORDERED TO PAY SANCTIONS OF $546.00 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice.