Judge: Matthew C. Braner, Case: 37-2023-00015832-CU-PO-CTL, Date: 2023-12-08 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - November 16, 2023

11/17/2023  09:00:00 AM  C-60 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Matthew C. Braner

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Civil - Unlimited  PI/PD/WD - Other Discovery Hearing 37-2023-00015832-CU-PO-CTL CASTRO VS CITY OF SAN DIEGO [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Defendant City of San Diego's motion to compel responses to form interrogatories, special interrogatories, and requests for production, and to a statement of damages, is GRANTED.

As of November 16, 2023, Plaintiff did not filed an opposition to Defendant's motion. Pursuant to this court's local rules, this failure to respond may be regarded as a concession that Defendant's motion has merit. (See San Diego Superior Court Local Rule 2.1.19, subd. (B).) However, it cannot be deemed an admission that sanctions should be awarded. (CRC 3.1348, subd. (b).) Defendant's counsel attests that Plaintiff was properly served sets of form interrogatories, special interrogatories, and requests for production on July 5, 2023, as well as a request for a statement of damages. However, Plaintiff did not serve timely responses, still has not served responses, and ignored meet and confer efforts. In the absence of timely responses to interrogatories and requests for production, objections are waived, including objections based on privilege. (Code Civ. Proc., §§ 2030.290, 2031.300.) Plaintiff has not provided any reason for refusing to respond to Defendant's discovery requests. Therefore, Plaintiff will be compelled to respond to Defendant's form interrogatories (set one), special interrogatories (set one), and requests for production (set one), and to the request for a statement of damages, and any objections raised by Plaintiff are considered waived.

Under the circumstances present here, sanctions are appropriate. Defendant's counsel's proposed hourly rate of $350/hour is reasonable, but the hours expended to draft the moving papers (2) and expected to be incurred to draft a reply and appear at the hearing (1) are not. The motion was very simple and straightforward, and because it was unopposed, counsel did not need to review an opposition or draft a reply. The court will therefore award sanctions based on two hours of total work time to prepare the motion and appear at the hearing, for a total sanction of $700.

Plaintiff is compelled to provide verified responses to Defendant's form interrogatories (set one), special interrogatories (set one), and requests for production (set one), and to Defendant's request for a statement of damages, and to pay monetary sanctions to Defendant in the amount of $700.00, no later than December 8, 2023.

The minute order is the order of the court.

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