Judge: Michael E. Whitaker, Case: 20STCV15191, Date: 2022-08-17 Tentative Ruling

Case Number: 20STCV15191    Hearing Date: August 17, 2022    Dept: 32

PLEASE NOTE:   Parties are encouraged to meet and confer concerning this tentative ruling to determine if a resolution may be reached.  If the parties are unable to reach a resolution and a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept32@lacourt.org indicating that party’s intention to submit.  The email shall include the case number, date and time of the hearing, counsel’s contact information (if applicable), and the identity of the party submitting on this tentative ruling.  If the Court does not receive an email indicating the parties are submitting on this tentative ruling and there are no appearances at the hearing, the Court may place the motion off calendar or adopt the tentative ruling as the order of the Court.  If all parties do not submit on this tentative ruling, they should arrange to appear in-person or remotely (which is highly encouraged).  Further, after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of the subject motion and adopt the tentative ruling as the order of the Court. 

TENTATIVE RULING

MOTIONS

            Defendant Brian Shin, M.D. moves to compel responses from plaintiff John Posey to: (1) Request for Production of Documents, set one (“RPD”) and (2) Special Interrogatories, set one (“SROG”).  Defendant seeks monetary sanctions.  Plaintiff has filed a status report in response to the motions.

ANALYSIS

Pursuant to Code of Civil Procedure section 2030.290, “[i]f a party to whom interrogatories are directed fails to serve a timely response . . . [t]he party to whom the interrogatories are directed waives any right to exercise the option to produce writings under Section 2030.230, as well as any objection to the interrogatories, including one based on privilege or the protection for work product under Chapter 4 (commencing with Section 2018.010.  . . .   [and] The party propounding the interrogatories may move for an order compelling response to the interrogatories.”  (Code Civ. Proc., § 2030.290, subds. (a)-(b).)  

            Similarly, under Code of Civil Procedure section 2031.300, “[i]f a party to whom a demand for inspection, copying, testing, or sampling is directed fails to serve a timely response to it . . . [t]he party to whom the demand for inspection, copying, testing, or sampling is directed waives any objection to the demand, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010.  . . .   [and] The party making the demand may move for an order compelling response to the demand.  (Code Civ. Proc., § 2031.300, subds. (a)-(b).)  

Here, Defendant served the subject discovery requests on Plaintiff on August 17, 2021, electronically.  Plaintiff’s responses were thus due by September 20, 2021.  In response, Plaintiff submits a status report representing that Plaintiff served responses to the subject discovery requests, without objections, on August 9, 2022.  As Defendant has not filed a reply to dispute Plaintiff’s representation, the Court finds that Plaintiff has served untimely responses to the RPD and SROG, and denies the motions as moot. 

Notwithstanding, the issue of sanctions for Plaintiff’s failure to timely respond remains before the Court. (Code Civ. Proc., § 2033.280, subdivision (c); see also Cal. Rules of Court, rule 3.1348(a) [“The court may award sanctions under the Discovery Act in favor of a party who files a motion to compel discovery, even though no opposition to the motion was filed, or opposition to the motion was withdrawn, or the requested discovery was provided to the moving party after the motion was filed”].) 

Defendant seeks monetary sanctions in connection with the motions.  The Court finds Plaintiff’s failure to timely respond to the subject discovery requests to be an abuse of the discovery process, warranting monetary sanctions.  (See Code Civ. Proc., §§ 2023.010, subd. (d), 2030.290, subd. (c), 2031.300, subd. (c).)  Thus, the Court will impose monetary sanctions against Plaintiff and Plaintiff’s counsel of record, Law Offices of John K. Ciccarelli, Esq., in the amount of $780, which represents three hours of attorney time to prepare the motions and attend the hearing at $220 per hour, plus the filing fees at $60 per motion.

CONCLUSION AND ORDER

Therefore, the Court denies Defendant’s motions to compel responses to the RPD and SROG as moot.

Further, the Court orders Plaintiff and Plaintiff’s counsel of record, Law Offices of John K. Ciccarelli, Esq., jointly and severally, to pay monetary sanctions in the amount of $780 to Defendant, by and through counsel for Defendant, within 30 days of notice of the Court’s orders.

Defendant shall provide notice of the Court’s orders and file a proof of service of such.