Judge: Mel Red Recana, Case: 21STCV14424, Date: 2024-04-03 Tentative Ruling
All rulings shown here are TENTATIVE ONLY, and thus oral argument WILL be heard. All Counsel are still required to attend.
Case Number: 21STCV14424 Hearing Date: April 3, 2024 Dept: 45
Hearing Date: April
3, 2024
Moving Party: Cross-Defendant
Gardena Hospital, L.P. dba Memorial Hospital of Gardena
Responding Party: None
(1) Cross-Defendant Gardena Hospital,
L.P. dba Memorial Hospital of Gardena’s Motion for Order to Compel
Cross-Complainant Cunningham and Guerra Enterprises, Inc dba
Guerra-Cunningham-Bagues Funeral Directors’ Responses to Request for Production
of Documents, Set One
(2) Cross-Defendant Gardena Hospital,
L.P. dba Memorial Hospital of Gardena’s Motion for Order to Compel
Cross-Complainant Cunningham and Guerra Enterprises, Inc dba
Guerra-Cunningham-Bagues Funeral Directors’ Responses to Special
Interrogatories, Set One
The court
considered the moving papers. No opposition was received.
The court GRANTS
Cross-Defendant Gardena Hospital, L.P. dba Memorial Hospital of Gardena’s motion
to compel responses to Request for Production of Documents, Set One. The court
orders Cross-Complainant Cunningham and Guerra Enterprises, Inc. dba Guerra-Cunningham-Bagues
Funeral Directors to serve verified responses, without objections, to Request
for Production of Documents, Set One, within 30 days of the date of this
ruling.
The court GRANTS
Cross-Defendant Gardena Hospital, L.P. dba Memorial Hospital of Gardena’s
request for monetary sanctions in the reduced amount of $412.50 in attorney’s
fees and costs for the motion to compel responses to Request for Production of
Documents, Set One. The court orders Cross-Complainant Cunningham and Guerra
Enterprises, Inc. dba Guerra-Cunningham-Bagues Funeral Directors to pay $412.50
to Cross-Defendant Gardena Hospital, L.P. dba Memorial Hospital of Gardena,
through its counsel of record, within 20 days of the date of this ruling.
The court GRANTS
Cross-Defendant Gardena Hospital, L.P. dba Memorial Hospital of Gardena’s motion
to compel responses to Special Interrogatories, Set One. The court orders Cross-Complainant
Cunningham and Guerra Enterprises, Inc. dba Guerra-Cunningham-Bagues Funeral
Directors to serve verified responses, without objections, to Special
Interrogatories, Set One, within 30 days of the date of this ruling.
The court GRANTS
Cross-Defendant Gardena Hospital, L.P. dba Memorial Hospital of Gardena’s
request for monetary sanctions in the reduced amount of $412.50 in attorney’s
fees and costs for the motion to compel responses to Special Interrogatories, Set
One. The court orders Cross-Complainant Cunningham and Guerra Enterprises, Inc.
dba Guerra-Cunningham-Bagues Funeral Directors to pay $412.50 to Cross-Defendant
Gardena Hospital, L.P. dba Memorial Hospital of Gardena, through its counsel of
record, within 20 days of the date of this ruling.
///
Background
Plaintiffs
Elpidia Valencia, Leonel Soto, Jesus Soto Chavez, Fernando Soto, Maria Soto,
Antonio Soto, Erminia Soto, and Valentin Soto filed this action on April 16,
2021, against defendants Gardena Hospital, L.P. dba Memorial Hospital of
Gardena (“Gardena Hospital”),[1]
Cunningham and Guerra Enterprises, Inc., a California Corporation d/b/a
Guerra-Cunningham-Bagues Funeral Directors (“Cunningham”), and Does 1 through
50. On June 10, 202022, Plaintiffs filed the operative First Amended Complaint
against the same Defendants, alleging one cause of action for negligence.
On
August 5, 2022, Cunningham filed a cross-complaint against Gardena Hospital and
Roes 1 to 20, alleging causes of action for indemnification, apportionment of
fault, and declaratory relief.
On
August 9, 2022, Gardena Hospital filed a cross-complaint against Cunningham,
alleging causes of action for indemnification, apportionment, and declaratory
relief.
On
November 13, 2023, Mortuary Accommodation Services, Inc. filed a
cross-complaint against Gardena Hospital, alleging causes of action for
indemnification, apportionment of fault, and declaratory relief.
On
January 16, 2024, Gardena Hospital filed a cross-complaint against Mortuary Accommodation
Services, Inc. and Poes 1 through 20 for indemnification, apportionment, and
declaratory relief.
On
September 25, 2023, Gardena Hospital (1) motion
to compel responses to Request for Production of Documents (Set One); and (2) a
motion to compel responses to Special Interrogatories (Set One), against Cunningham.
No opposition was received.
Legal Standard
If a party to whom interrogatories were
directed fails to serve a timely response, the propounding party may move for
an order compelling responses and for a monetary sanction. (CCP § 2030.290(b)-(c);
see Sinaiko Healthcare Consulting, Inc.
v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 404.) CCP §
2030.290 contains no time limit for a motion to compel where no responses have
been served. All that needs to be shown in the moving papers is that a set of
interrogatories was properly served on the opposing party, that the time to
respond has expired, and that no response of any kind has been served. (Leach v. Superior Court (1980) 111
Cal.App.3d 902, 905-906.)
If a party to whom requests for production
of documents were directed fails to serve a timely response, the propounding
party may move for an order compelling responses and for a monetary sanction.
(CCP § 2031.300(b)-(c).) CCP § 2031.300 contains no time limit for a motion to
compel where no responses have been served. The propounding party need not
demonstrate good cause or satisfy a meet-and-confer requirement – all that
needs to be shown in the moving papers is that a set of requests for production
of documents was properly served on the opposing party, that the time to
respond has expired, and that no response of any kind has been served. (See Sinaiko Healthcare Consulting, Inc. v.
Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 403-04.)
Discussion
Merits of the Motions
Gardena Hospital
moves to compel responses from Cunningham to (1) Request
for Production of Documents (Set One); and (2) Special Interrogatories (Set
One).
The court finds Gardena Hospital sufficiently shows these motions
should be granted. Gardena Hospital propounded these sets of discovery on August
9, 2022. (Klehm Decls. re RFPs and SROGs (collectively, “Purcell Decls.”), ¶ 2,
Exh. A.) Defendant failed to respond by the July 18, 2023 deadline. (Id.
at ¶ 3.) Gardena Hospital sent a meet-and-confer letter to Cunningham on September
11, 2023. (Id. at ¶ 3, Exh. B.) Cunningham indicated it would provide
responses the next day. (Id. at ¶ 4, Exh. C.) Cunningham has not
responded to date. (Id. at ¶ 5.)
Thus, Gardena
Hospital demonstrates Cunningham provided no timely response to these properly served
sets of discovery. Cunningham never responded, despite Gardena Hospital sending
a meet-and-confer letter, which Gardena Hospital was not required to do. Cunningham
does not oppose these motions, thus failing to show why the court should not
grant them.
Accordingly, the
court rules as follows:
The court GRANTS
Cross-Defendant Gardena Hospital, L.P. dba Memorial Hospital of Gardena’s motion
to compel responses to Request for Production of Documents, Set One. The court
orders Cross-Complainant Cunningham and Guerra Enterprises, Inc. dba Guerra-Cunningham-Bagues
Funeral Directors to serve verified responses, without objections, to Request
for Production of Documents, Set One, within 30 days of the date of this
ruling.
The court GRANTS
Cross-Defendant Gardena Hospital, L.P. dba Memorial Hospital of Gardena’s motion
to compel responses to Special Interrogatories, Set One. The court orders Cross-Complainant
Cunningham and Guerra Enterprises, Inc. dba Guerra-Cunningham-Bagues Funeral
Directors to serve verified responses, without objections, to Special Interrogatories,
Set One, within 30 days of the date of this ruling.
Requests for
Monetary Sanctions
Gardena Hospital
requests per motion $1000.00 in attorney’s fees and costs as monetary sanctions
against Defendant and its counsel of record. Gardena Hospital’s counsel’s
hourly rate is $235. (Klehm Decls., ¶ 7.) Gardena Hospital seeks to recover per
motion four hours and the $60 filing fee. (Id.)
The court finds Gardena
Hospital’s counsel’s hourly rate is reasonable, but the time requested should
be reduced because some hours do not apply. Gardena Hospital requests one and one-half
hours for preparing the motion and one hour for drafting a reply to the
opposition. (Klehm Decls., ¶ 7.) These motions are unopposed, so the one hour
for drafting a reply does not apply. The court finds the one and one-half hours
for preparing the motion and the $60 filing fee are reasonable. Thus, Gardena
Hospital’s total reduced recoverable amount in attorney’s fees and costs for
one motion is $412.50 ([1.5 hours + $235/hour] + $60 filing fee).
Accordingly, the
court rules as follows:
The court GRANTS
Cross-Defendant Gardena Hospital, L.P. dba Memorial Hospital of Gardena’s
request for monetary sanctions in the reduced amount of $412.50 in attorney’s
fees and costs for the motion to compel responses to Request for Production of
Documents, Set One. The court orders Cross-Complainant Cunningham and Guerra
Enterprises, Inc. dba Guerra-Cunningham-Bagues Funeral Directors to pay $412.50
to Cross-Defendant Gardena Hospital, L.P. dba Memorial Hospital of Gardena,
through its counsel of record, within 20 days of the date of this ruling.
The court GRANTS
Cross-Defendant Gardena Hospital, L.P. dba Memorial Hospital of Gardena’s
request for monetary sanctions in the reduced amount of $412.50 in attorney’s
fees and costs for the motion to compel responses to Special Interrogatories, Set
One. The court orders Cross-Complainant Cunningham and Guerra Enterprises, Inc.
dba Guerra-Cunningham-Bagues Funeral Directors to pay $412.50 to Cross-Defendant
Gardena Hospital, L.P. dba Memorial Hospital of Gardena, through its counsel of
record, within 20 days of the date of this ruling.
It
is so ordered.
Dated:
April 3, 2024
_______________________
ROLF M. TREU
Judge of the
Superior Court
[1] Erroneously sued as “Professional
Medical Staff Memorial Hospital of Gardena, a California Corporation d/b/a
Memorial Hospital of Gardena.”