Judge Mark E. Windham, Case Number: 24STCP00401, Date: 2024-04-08 Tentative Ruling

Judge: Mark E. Windham, Case: 24STCP00401, Date: 2024-04-08 Tentative Ruling

Case Number: 24STCP00401 Hearing Date: April 9, 2024 Dept: 26

State Farm v. Montes, et al.

MOTION TO COMPEL RESPONSES TO INTERROGATORIES; REQUEST FOR PRODUCTION OF DOCUMENTS; AND REQUEST FOR SANCTIONS

(CCP §§ 2030.290; Ins. Code § 11580.2)

TENTATIVE RULING:

Petitioner State Farm Mutual Automobile Insurance Company’s (1) Motion Compelling Respondent Savanna Montes Ayala to Respond to Form Interrogatories, Set One, and Request for Sanctions; and (2) Motion Compelling Respondent Savanna Montes Ayala to Respond to Request for Production of Documents, Set One, and Request for Sanctions, are GRANTED. RESPONDENT SAVANNA MONTES AYALA IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTIONS WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

RESPONDENT SAVANNA MONTES AYALA AND COUNSEL OF RECORD ARE ALSO ORDERED TO PAY SANCTIONS OF $523.30 TO PETITIONER’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

Petitioner State Farm Mutual Automobile Insurance Company (“Petitioner”) propounded Form Interrogatories, Set One, and Request for Production of Documents, Set One, on Respondent Savanna Montes Ayala (“Respondent”) on November 15, 2023, in connection with an uninsured motorist arbitration proceeding. (Motions, Trostler Decl., Exh. A.) Following Respondent’s failure to provide timely responses, Petitioner extended the deadline to serve verified responses until January 31, 2024. (Id. at Exhs. B-D.) Following no response from Respondent after the last deadline, Petitioner filed the instant (1) Motion Compelling Respondent Savanna Montes Ayala to Respond to Form Interrogatories, Set One, and Request for Sanctions; and (2) Motion Compelling Respondent Savanna Montes Ayala to Respond to Request for Production of Documents, Set One, and Request for Sanctions, on February 13, 2024. No opposition has been filed to date.

Discussion

Discovery may be conducted both before and after the commencement of an uninsured / underinsured motorist arbitration proceeding. (Cal. Ins. Code, § 11580.2, subd. (f); Miranda v. 21st Century Insurance Co. (2004) 117 Cal.App.4th 913, 923.) The discovery statutes of the Code of Civil Procedure apply to uninsured / underinsured motorist arbitration proceedings. (Cal. Ins. Code, § 11580.2, subd. (f)(2).)

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, 2031.300.) The motion can be brought any time after the responding party fails to provide the responses. (Code Civ. Proc., §§ 2030.290, 2031.300.) Based on their failure to respond to the propounded discovery, Petitioner is entitled to an order compelling Respondent to serve verified responses to the form interrogatories, and requests for production, without objections.

Respondent’s failure to timely respond to the requests 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 this unopposed Motion. Therefore, the requests for sanctions are granted against Defendant and counsel of record in the amount of $261.65, based on one hour of attorney time billed at $200.00 an hour, plus $61.65 in costs. (Motion, Trostler Decl., ¶9.) The sanctions are to be paid within 20 days’ service of this order.

Conclusion

RESPONDENT SAVANNA MONTES AYALA AND COUNSEL OF RECORD ARE ALSO ORDERED TO PAY SANCTIONS OF $523.30 TO PETITIONER’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice.