Judge: Michael P. Linfield, Case: 22STCV34906, Date: 2023-10-13 Tentative Ruling

Case Number: 22STCV34906    Hearing Date: December 21, 2023    Dept: 34

SUBJECT:        Motion to Compel Responses to Special Interrogatories from Defendant Bob Wondries Ford and Request for Sanctions

Moving Party: Plaintiff Bar V Bar, LLC

Resp. Party:    None

SUBJECT:        Motion to Compel Responses to Form Interrogatories from Defendant Bob Wondries Ford and Request for Sanctions

Moving Party: Plaintiff Bar V Bar, LLC

Resp. Party:    None

SUBJECT:        Motion to Compel Responses to Request for Admissions from Defendant Bob Wondries Ford and Request for Sanctions

Moving Party: Plaintiff Bar V Bar, LLC

Resp. Party:    None

SUBJECT:        Motion to Compel Responses to Request for Production from Defendant Bob Wondries Ford and Request for Sanctions

Moving Party: Plaintiff Bar V Bar, LLC

Resp. Party:    None

SUBJECT:        Motion to Compel Responses to Special Interrogatories from Defendant Bob Wondries Motors and Request for Sanctions

Moving Party: Plaintiff Bar V Bar, LLC

Resp. Party:    None

SUBJECT:        Motion to Compel Responses to Form Interrogatories from Defendant Bob Wondries Motors and Request for Sanctions

Moving Party: Plaintiff Bar V Bar, LLC

Resp. Party:    None

SUBJECT:        Motion to Compel Responses to Request for Admissions from Defendant Bob Wondries Motors and Request for Sanctions

Moving Party: Plaintiff Bar V Bar, LLC

Resp. Party:    None

SUBJECT:        Motion to Compel Responses to Request for Production from Defendant Bob Wondries Motors and Request for Sanctions

Moving Party: Plaintiff Bar V Bar, LLC

Resp. Party:    None

The discovery motions are GRANTED.

        Defendants Bob Wondries Ford and Bob Wondries Motors shall provide initial responses to the FROGs, SROGs, and RPDs within fourteen (14) days of the issuance of this Order.

        The RFAs are DEEMED ADMITTED.

Monetary sanctions are AWARDED for Plaintiff and against Defendant Bob Wondries Ford in the amount of $1,420.00.

Monetary sanctions are AWARDED for Plaintiff and against Defendant Bob Wondries Motors in the amount of $1,420.00.

BACKGROUND:

On November 2, 2022, Plaintiff Bar V Bar, LLC filed its Complaint against Defendants Paul C. Wondries, Bob Wondries Ford, Bob Wondries Motors, and Wondries Dodge on causes of action arising from a contract dispute.

On November 21, 2022, Plaintiff amended its Complaint to substitute Doe 1 with Bravo Chrysler Dodge Jeep Ram of Alhambra.

On February 15, 2023, Plaintiff filed its First Amended Complaint (FAC).

On June 23, 2023, Defendants Paul C. Wondries, Bob Wondries Ford, and Bob Wondries Motors filed their Answer to the FAC.

On October 13, 2023, the Court allowed the substitution of Patricia Wondries (wife of Defendant Paul Wondries) for Defendant Paul Wondries upon his death.

On November 17, 2023, Plaintiff filed the following discovery motions:

(1)       Motion to Compel Responses to Special Interrogatories from Defendant Bob Wondries Ford and Request for Sanctions (“SROGs Motion against BWF”);

(2)       Motion to Compel Responses to Form Interrogatories from Defendant Bob Wondries Ford and Request for Sanctions (“FROGs Motion against BWF”);

(3)       Motion to Compel Responses to Request for Admissions from Defendant Bob Wondries Ford and Request for Sanctions (“RFAs Motion against BWF”);

(4)       Motion to Compel Responses to Request for Production from Defendant Bob Wondries Ford and Request for Sanctions (“RPDs Motion against BWF”);

(5)       Motion to Compel Responses to Special Interrogatories from Defendant Bob Wondries Motors and Request for Sanctions (“SROGs Motion against BWM”);

(6)       Motion to Compel Responses to Form Interrogatories from Defendant Bob Wondries Motors and Request for Sanctions (“FROGs Motion against BWM”);

(7)       Motion to Compel Responses to Request for Admissions from Defendant Bob Wondries Motors and Request for Sanctions (“RFAs Motion against BWM”); and

(8)       Motion to Compel Responses to Request for Production from Defendant Bob Wondries Motors and Request for Sanctions (“RPDs Motion against BWM”).

In support of each of these discovery motions, Plaintiff concurrently filed a Memorandum of Points and Authorities.

On December 14, 2023, Plaintiff filed a Notice of Non-Opposition for each of the discovery motions. No oppositions or other responses have been filed to the discovery motions.

ANALYSIS:

I.          Legal Standard

A.          Legal Standard for Initial Responses to Form Interrogatories, Special Interrogatories, and Requests for Production of Documents

California Code of Civil Procedure requires a response from the party to whom form interrogatories, special interrogatories, and demand requests are propounded within 30 days after service of the requests, unless the time is extended by agreement of the parties. (Code Civ. Proc., §§ 2030.260, subd. (a), 2030.270, subd. (a), 2031.260, subd. (a), 2031.270, subd. (a).) If a party fails to serve timely responses, "the party making the demand may move for an order compelling response to the demand.” (Code Civ. Proc., § 2030.300, subd. (b).) By failing to respond, the offending party waives any objection to the demand. (Code Civ. Proc., § 2030.290, subd. (a).)

For a motion to compel, all a propounding party must show is that it properly served its discovery requests, that the time to respond has expired, and that the party to whom the requests were directed failed to provide a timely response. (See Leach v. Super. Ct. (1980) 111 Cal.App.3d 902, 905, 906.) Indeed, "[o]nce [a party] 'fail[ed] to serve a timely response,' the trial court had authority to grant [opposing party's] motion to compel responses." (Sinaiko Healthcare Counseling, Inc. v. Pac. Healthcare Consultants (2007) 148 Cal.App.4th 390, 405.)

The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel motions for interrogatories or requests for production, unless the Court finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. If a party then fails to obey an order compelling answers, the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction under Chapter 7 (commencing with Section 2023.010). In lieu of or in addition to that sanction, the court may impose a monetary sanction under Chapter 7 (commencing with Section 2023.010). (Code Civ. Proc., §§ 2030.290, subd. (c), 2031.300, subd. (c).)

B.      Legal Standard for Requests for Admission

California Code of Civil Procedure requires a response from the party to whom the request for admissions is directed within 30 days after service of the request for admissions. (Code Civ. Proc., § 2033.250, subd. (a).)

If the party fails to serve a timely response, “the party to whom the requests for admission are directed waives any objection to the requests.” (Code Civ. Proc., § 2033.280, subd. (a).)

The requesting party may then “move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for monetary sanction under Chapter 7.” (Code Civ. Proc., § 2033.280, subd. (b).)

A court will deem requests admitted, “unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220. It is mandatory that the court impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion.” (Code Civ. Proc., § 2033.280, subd. (c).)

II.       Discussion

A.      The Discovery Requests

Plaintiff moves the Court to compel Defendants Bob Wondries Ford and Bob Wondries Motors to serve responses to form interrogatories (“FROGs”), special interrogatories (“SROGs”), and requests for production (“RPDs”).

Plaintiff moves the Court to deem as admitted the requests for admission (“RFAs”) Plaintiff served upon Defendants Bob Wondries Ford and Bob Wondries Motors.

        Plaintiff’s Counsel declares that they have not responded to these discovery requests. There is no evidence before the Court that Defendants Bob Wondries Ford and Bob Wondries Motors responded to these discovery requests.

        The Court GRANTS the discovery motions.

        Defendants Bob Wondries Ford and Bob Wondries Motors shall provide initial responses to the FROGs, SROGs, and RPDs within fourteen (14) days of the issuance of this Order.

        The RFAs are DEEMED ADMITTED.

B.      Sanctions

Plaintiff requests monetary sanctions against Defendants Bob Wondries Ford and Bob Wondries Motors for the respective motions filed against them.

Defendants Bob Wondries Ford and Bob Wondries Motors have not timely responsed to the discovery motions. The Court does not have evidence before it that would indicate there is substantial justification or other circumstances that would make the imposition of a sanction unjust. Thus, the Court must impose a monetary sanction on these defendants.

Plaintiff’s Counsel declares: (1) that their hourly rate is $590.00 per hour; (2) that they spent two hours on each of these discovery motions; and (3) that they incurred a $60.00 filing fee for each of these motions.

The Court finds that the hourly rate and costs incurred are reasonable. However, the hours incurred for the hearings are duplicative, and the motions are unlikely to have taken the 16 hours requested. The Court orders monetary sanctions for a total of four hours of work (two hours per defendant) at $590.00 per hour, plus the costs of the four motions per defendant.

The Court AWARDS monetary sanctions for Plaintiff and against Defendant Bob Wondries Ford in the amount of $1,420.00.

The Court AWARDS monetary sanctions for Plaintiff and against Defendant Bob Wondries Motors in the amount of $1,420.00.

III.     Conclusion

The discovery motions are GRANTED.

        Defendants Bob Wondries Ford and Bob Wondries Motors shall provide initial responses to the FROGs, SROGs, and RPDs within fourteen (14) days of the issuance of this Order.

        The RFAs are DEEMED ADMITTED.

Monetary sanctions are AWARDED for Plaintiff and against Defendant Bob Wondries Ford in the amount of $830.00.

Monetary sanctions are AWARDED for Plaintiff and against Defendant Bob Wondries Motors in the amount of $830.00.