Judge: Michael Shultz, Case: 23CMCV00027, Date: 2023-11-30 Tentative Ruling

Case Number: 23CMCV00027    Hearing Date: November 30, 2023    Dept: A

23CMCV00027 Ronnie Bass Sr, et al v. Khalif Kasim Samad, et al.

Thursday, November 30, 2023, at 8:30 a.m.

 

[TENTATIVE] ORDER GRANTING DEFENDANT’S MOTION TO COMPEL VERIFIED RESPONSES TO FORM INTERROGATORIES, SET ONE; PROPOUNDED ON PLAINTIFF, GERALD BROWN; REQUEST FOR MONETARY SANCTIONS

 

[TENTATIVE] ORDER GRANTING DEFENDANT’S MOTION TO COMPEL VERIFIED RESPONSES TO FORM INTERROGATORIES, SET ONE; PROPOUNDED ON PLAINTIFF, RONNIE BASS, SR.; REQUEST FOR MONETARY SANCTIONS

 

       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.