Judge: Mark E. Windham, Case: 23STLC08018, Date: 2024-11-19 Tentative Ruling

Case Number: 23STLC08018    Hearing Date: November 19, 2024    Dept: 26

Godoy v. Melkumyan, et al.

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

 (CCP §§ 2031.300, 2023.030)

TENTATIVE RULING:

Defendant Movses Melkumyan’s (1) Motion to Compel Responses to Form Interrogatories, Set One, and Request for Sanctions; (2) Motion to Compel Responses to Special Interrogatories, Set One, and Request for Sanctions; and (3) Motion to Compel Responses to Request for Production of Documents, Set One, and Request for Sanctions, are GRANTED. PLAINTIFF JENNIFER JACQUELINE GODOY IS TO SERVE VERIFIED RESPONSES TO THE DISCOVERY REQUESTS WITHIN 20 DAYS’ SERVICE OF THIS ORDER. PLAINTIFF IS FURTHER ORDERED TO PAY SANCTIONS OF $884.95 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

On May 7, 2024, Defendant Movses Melkumyan (“Defendant”) served Special Interrogatories, Set One, Form Interrogatories, Set One, and Request for Production of Documents, Set One, on Plaintiff Jennifer Jacqueline Godoy (“Plaintiff”). (Motions, Thacker Decl., Exh. A.) Despite a meet-and-confer effort extending the deadline to serve verified responses without objections, Plaintiff has not served responses. (Id. at Exhs. B-D.) Defendant filed the instant (1) Motion to Compel Responses to Form Interrogatories, Set One, and Request for Sanctions; (2) Motion to Compel Responses to Special Interrogatories, Set One, and Request for Sanctions; and (3) Motion to Compel Responses to Request for Production of Documents, Set One, and Request for Sanctions, on September 18, 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 or granted. (Code Civ. Proc., §§ 20230.290, 2031.300.) Further, the motion can be brought at any time after the responding party fails to provide the responses. (Code Civ. Proc., §§ 2030.290, 2031.300.) Based on Plaintiff’s failure to respond to the propounded discovery, Defendant is entitled to an order compelling service of verified responses to the discovery requests without objections. (Code Civ. Proc., §§ 2030.290, 2031.300.)

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 of sanctions sought is excessive under a lodestar calculation for straightforward and unopposed motions to compel initial responses. Sanctions are awarded against Plaintiff in the amount of $884.95 based on four hours of attorney time billed at $175.00 per hour and costs of $61.65 per motion. (Motions, Thacker Decl., ¶5.)

Conclusion

Defendant Movses Melkumyan’s (1) Motion to Compel Responses to Form Interrogatories, Set One, and Request for Sanctions; (2) Motion to Compel Responses to Special Interrogatories, Set One, and Request for Sanctions; and (3) Motion to Compel Responses to Request for Production of Documents, Set One, and Request for Sanctions are GRANTED. PLAINTIFF JENNIFER JACQUELINE GODOY IS TO SERVE VERIFIED RESPONSES TO THE DISCOVERY REQUESTS WITHIN 20 DAYS’ SERVICE OF THIS ORDER. PLAINTIFF IS FURTHER ORDERED TO PAY SANCTIONS OF $884.95 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice.