Judge: Mark E. Windham, Case: 24STLC01930, Date: 2024-09-18 Tentative Ruling

Case Number: 24STLC01930    Hearing Date: September 18, 2024    Dept: 26

Hicks v. Avalon West Hollywood, LP, et al.

MOTION TO COMPEL RESPONSES TO INTERROGATORIES;

REQUEST FOR SANCTIONS

(CCP §§ 2030.290, 2023.010)

TENTATIVE RULING:  

Plaintiff Christopher Hicks’ Motion to Compel Responses to Special Interrogatories, Set One, and Request for Sanctions, is GRANTED. DEFENDANT AVALON WEST HOLLYWOOD, LP IS TO SERVE VERIFIED RESPONSES TO SPECIAL INTERROGATORIES, SET ONE, WITHOUT OBJECTIONS, WITHIN 20 DAYS’ SERVICE OF THIS ORDER. DEFENDANT AVALON WEST HOLLYWOOD, LP AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $500.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

On May 21, 2024, Plaintiff Christopher Hicks (“Plaintiff”) served Special Interrogatories, Set One, on Defendant Avalon West Hollywood, LP (“Defendant”). (Motion, Mehrban Decl., Exh. A.) Despite a meet-and-confer effort extending the deadline to serve verified responses without objections, Defendant has not served responses. (Id. at ¶¶4-5 and Exh. B.) Plaintiff filed the instant Motion to Compel Responses to Special Interrogatories, Set One, and Request for Sanctions, on July 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 any time after the responding party fails to provide the responses.  (Code Civ. Proc., §§ 2030.290.) Based on Defendant’s failure to timely respond to the propounded discovery, Plaintiff is entitled to an order compelling it to serve verified responses to the discovery requests without objections.

Defendant’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. Sanctions are awarded against Defendant and counsel of record in the amount of $500.00 based on one hour of attorney time billed at $500.00 per hour. (Motion, Mehrban Decl., ¶6.)

Conclusion

Plaintiff Christopher Hicks’ Motion to Compel Responses to Special Interrogatories, Set One, and Request for Sanctions, is GRANTED. DEFENDANT AVALON WEST HOLLYWOOD, LP IS TO SERVE VERIFIED RESPONSES TO SPECIAL INTERROGATORIES, SET ONE, WITHOUT OBJECTIONS, WITHIN 20 DAYS’ SERVICE OF THIS ORDER. DEFENDANT AVALON WEST HOLLYWOOD, LP AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $500.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice.