Judge: Mark E. Windham, Case: 24STLC00453, Date: 2024-08-08 Tentative Ruling

Case Number: 24STLC00453    Hearing Date: August 8, 2024    Dept: 26

Beckett v. Couture, et al.

MOTION TO COMPEL RESPONSES TO INTERROGATORIES, AND REQUEST FOR SANCTIONS

(CCP §§ 2030.300, 2023.010)

TENTATIVE RULING:

Plaintiff Anthony Beckett’s Motion to Compel Responses to Form Interrogatories, Set One, and Request for Sanctions, is GRANTED. DEFENDANT STEVEN COUTURE IS TO SERVE VERIFIED RESPONSES TO THE INTERROGATORIES, WITHOUT OBJECTIONS, WITHIN 20 DAYS’ NOTICE OF THIS ORDER. DEFENDANT COUTURE IS ORDERED TO PAY SANCTIONS OF $310.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ NOTICE OF THIS ORDER.

ANALYSIS:

On April 29, 2024, Plaintiff Anthony Beckett (“Plaintiff”) served Form Interrogatories, Set One, on Defendant Steven Couture (“Defendant Couture”). (Motion, Kennedy Decl., Exh. 1.) Despite a meet and confer effort, to date, Defendant Couture has not served verified responses to the Form Interrogatories, Set One. (Id. at ¶7-8 and Exh. 2.) Plaintiff filed the instant Motion to Compel Responses to Form Interrogatories, Set One, and Request for Sanctions, on July 18, 2024. No opposition has been filed to date.

Based on Defendant Couture’s failure to serve initial responses to the discovery, the Motion to Compel Responses to Interrogatories, are granted. (Code Civ. Proc., § 2030.290.) 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.) Furthermore, the motion can be brought at any time after the responding party fails to provide the responses. (Code Civ. Proc., § 2030.290.) Therefore, Plaintiff is entitled to an order compelling Defendant Couture to serve verified responses to the interrogatories without objections.

Defendant Couture’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 a simple and unopposed motion. Pursuant to a lodestar calculation, sanctions are awarded against Defendant Couture in the amount of $310.00 based on one hour of attorney time billed at $250.00 per hour, plus the $60.00 filing fee. (Motion, Kennedy Decl., ¶11.)

Conclusion

Plaintiff Anthony Beckett’s Motion to Compel Responses to Form Interrogatories, Set One, and Request for Sanctions, is GRANTED. DEFENDANT STEVEN COUTURE IS TO SERVE VERIFIED RESPONSES TO THE INTERROGATORIES, WITHOUT OBJECTIONS, WITHIN 20 DAYS’ NOTICE OF THIS ORDER. DEFENDANT COUTURE IS ORDERED TO PAY SANCTIONS OF $310.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ NOTICE OF THIS ORDER.

Moving party to give notice.