Judge: Mark E. Windham, Case: 24STLC01028, Date: 2024-10-16 Tentative Ruling

Case Number: 24STLC01028    Hearing Date: October 16, 2024    Dept: 26

Hawes v. Wheeler, et al.

MOTION TO COMPEL RESPONSES TO INTERROGATORIES,

AND REQUEST FOR SANCTIONS

(CCP §§ 2030.290, 2023.010)

TENTATIVE RULING:

Defendant Budget Truck Rental, LLC’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 ROBERT HAWES IS TO SERVE VERIFIED RESPONSES TO THE DISCOVERY REQUESTS, WITHOUT OBJECTIONS, WITHIN 20 DAYS’ SERVICE OF THIS ORDER. PLAINTIFF IS ORDERED TO PAY SANCTIONS OF $460.00 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

On March 13, 2024, Defendant Budget Truck Rental, LLC (“Defendant”) served Form Interrogatories, Set One and Special Interrogatories, Set One, on Plaintiff Robert Hawes (“Plaintiff”). (Motions, Bergerson Decl., Exh. A.) Despite a meet and confer effort, Plaintiff has not served responses to the discovery. (Id. at ¶¶5-7 and Exh. B.) Defendant 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 September 6, 2024. Plaintiff’s counsel filed opposition declarations on October 7, 2024.

Discussion

Based on Plaintiff’s failure to serve initial responses to the discovery, the Motions to Compel Responses to the Form and Special 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, Defendant is entitled to an order compelling Plaintiff to serve verified responses to the Interrogatories, 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 $460.00 based on two hours of attorney time billed at $230.00 per hour. (Motion, Bergerman Decl., ¶9.)

Conclusion

Defendant Budget Truck Rental, LLC’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 ROBERT HAWES IS TO SERVE VERIFIED RESPONSES TO THE DISCOVERY REQUESTS, WITHOUT OBJECTIONS, WITHIN 20 DAYS’ SERVICE OF THIS ORDER. PLAINTIFF IS ORDERED TO PAY SANCTIONS OF $460.00 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice.