Judge: Michael Shultz, Case: 23CMCV00264, Date: 2024-02-27 Tentative Ruling

Case Number: 23CMCV00264    Hearing Date: February 27, 2024    Dept: A

23CMCV00264 Jaime Padilla v. Carolina Lopez Pascual

Tuesday, February 27, 2024, at 8:30 a.m.

[TENTATIVE] ORDER GRANTING DEFENDANT’S MOTION TO COMPEL PLAINTIFF’S RESPONSE TO FORM INTERROGATORIES FORM INTERROGATORIES AND REQUEST FOR MONETARY SANCTIONS

[TENTATIVE] ORDER GRANTING DEFENDANT’S MOTION TO COMPEL PLAINTIFF’S RESPONSE TO FORM INTERROGATORIES SPECIAL INTERROGATORIES AND REQUEST FOR MONETARY SANCTIONS

[TENTATIVE] ORDER GRANTING DEFENDANT’S MOTION TO COMPEL PLAINTIFF’S RESPONSE TO FORM INTERROGATORIES REQUEST FOR PRODUCTION OF DOCUMENTS AND MONETARY SANCTIONS

      This action arises from an automobile accident. Defendant served written discovery on Plaintiff on November 30, 2023. Defense counsel met and conferred with Plaintiff’s counsel by letters dated January 5, 2024, and January 15, 2024, requesting responses. Plaintiff did not respond and did not serve responses to discovery.

      Defendant timely served the motion on Plaintiff on January 26, 2024. Plaintiff did not file an opposition.

      Where a party fails to timely respond to interrogatories and a document request, the court has authority to compel a response. (Code Civ. Proc., §2030.290 subd. (b), §2031.300 subd. (b).) Untimely responses result in a waiver of objections. (Code Civ. Proc., § 2030.290 subd. (a), §2031.300 subd. (a).) As Plaintiff has not served any responses, all objections are waived.

      Imposition of sanctions against Plaintiff and Plaintiff’s counsel is warranted as Plaintiff has not shown substantial justification for failing to comply with discovery obligations. (Code Civ. Proc., §§ 2030.310, 2031.310.)  The Court finds that $200 per hour, as requested, is a reasonable fee to prepare discovery motions. One hour to prepare each motion (reduced from three) and one hour to appear are both reasonable under the circumstances. Defendant incurred costs of $180 ($60 per motion) in filing fees.

      Accordingly, Defendant’s three motions to compel Plaintiff’s responses to form interrogatories, special interrogatories, and request for production of documents are GRANTED. Sanctions for all three motions totaling $980 are imposed against Plaintiff and counsel, jointly and severally, and payable to Defendant within 10 days. ($800 +$180).