Judge: Michael Shultz, Case: 22CMCV00077, Date: 2022-09-15 Tentative Ruling

Case Number: 22CMCV00077    Hearing Date: September 15, 2022    Dept: A

22CMCV00077 Chespay, LLC v. Wilson Richardson

Thursday, September 15, 2022 at 8:30 a.m.

[TENTATIVE] ORDER GRANTING DEFENDANT’S TWO MOTIONS TO COMPEL RESPONSES TO FORM INTERROGATORIES, SET ONE OF FORM INTERROGATORIES, SET ONE, AND REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE AND REQUEST FOR IMPOSITION OF MONETARY SANCTIONS

The complaint filed on March 23, 2022, alleges that Plaintiff hired Defendant to work at a power plant located in Carson. Defendant flew to Florida to work remotely. Defendant did not return to the Carson plant, nor did he return Plaintiff’s laptop with the files intact. Plaintiff alleges a claim for mandatory injunction requiring Defendant to return Plaintiff’s files and information. Plaintiff also sues for breach of the employment contract and actual damages of $8,265.68.

On May 11, 2022, Defendant filed a cross-complaint against Plaintiff for retaliation, failure to pay wages, overtime, and compensation for missed meal and rest periods.

Defendant served Form Interrogatories, Set One, and Request for Production of Documents, Set One, on Plaintiff on May 11, 2022. When Plaintiff did not serve responses, defense counsel inquired with Plaintiff’s counsel about the responses. Defendant re-served the discovery at Plaintiff’s request on July 18, 2022. Plaintiff did not serve responses despite multiple inquiries by defense counsel.

Defendant timely served Plaintiff with these discovery motions, however, Plaintiff did not file oppositions. Defendant filed a notice of non-oppositions on September 2, 2022.   

            Where a party fails to timely respond to Form Interrogatories and Request for Production of Documents, the court has authority to compel a response. Code Civ. Proc., § 2030.290 (b), § 2031.300(b). Untimely responses result in a waiver of objections. Code Civ. Proc., § 2030.290(a), § 2031.300(a). Plaintiff has not responded to any of the written discovery despite correspondence inquiring about responses. Declaration of A.J. Glassman, ¶ 6, Exs, A.

            Accordingly, Defendant’s two motions are GRANTED. Plaintiff is ordered to serve verified responses without objection to Form Interrogatories, Set One and Request for Production of Documents, Set One within 10 days after notice of the court’s ruling. Code Civ. Proc., §2030.290(b), § 2031.300(b). The court imposes sanctions of $525 and filing fees of $68.91 per motion ($350/hour x 1.5 hours to prepare each motion and appear at the hearing) against Plaintiff, Chespay, LLC and its counsel, Manuel Duran, for Plaintiff’s failure to timely respond to authorized methods of discovery. Code Civ. Proc., § 2030.290(c), 2031.300(c).

            Since neither an opposition nor a reply were filed, fees are not allocated for that purpose. Sanctions are payable to Defendant within 10 days of notice of the court’s ruling.