Judge: Michael Shultz, Case: 23CMCV00027, Date: 2023-11-30 Tentative Ruling
Case Number: 23CMCV00027 Hearing Date: November 30, 2023 Dept: A
Thursday,
November 30, 2023, at 8:30 a.m.
[TENTATIVE] ORDER
[TENTATIVE] ORDER
The
complaint alleges negligence claims arising from injuries sustained by Plaintiffs
when Defendants struck Plaintiffs’ vehicle.
Defendant,
Penske Truck Leasing Co., LP (“Penske”) served both Plaintiffs with form
interrogatories on May 1, 2023, to which Plaintiffs failed to respond. Defense
counsel contacted Plaintiffs’ counsel to inquire about the written discovery
requests, however, Plaintiffs did not serve verified responses.
Plaintiffs
did not file an opposition by November 15, 2023 (nine court days before the
hearing). (Code Civ. Proc., § 1005 subd. (b).)
Where
a party fails to timely respond to interrogatories, the court has authority to
compel a response. Code Civ. Proc., § 2030.290 (b). Untimely responses result
in a waiver of objections. Code Civ. Proc., § 2030.290(a). Plaintiffs have not
served verified responses to discovery. Declaration of Evan B. Delgado ¶ 6.
Accordingly,
Defendant’s two motions are GRANTED. Plaintiffs are each ordered to serve
verified responses without objection to Form Interrogatories, Set One within 10
days. Code Civ. Proc., §2030.290(b).
Plaintiffs’
failure to timely respond to authorized methods of discovery warrants
imposition of monetary sanctions. Code Civ. Proc., § 2030.290(c). The Court
finds that $235 per hour is a reasonable billing rate and two hours to prepare each
motion (reduced from four hours) is a reasonable time spent. Therefore, the
court imposes sanctions of $545 ($470 and $75 incurred for expenses and filing
fees) against Plaintiff Ronnie Bass Sr. and $545 against Plaintiff, Gerald
Brown, payable within 10 days.