Judge: Michael Shultz, Case: 23CMCV00964, Date: 2024-03-28 Tentative Ruling

Case Number: 23CMCV00964    Hearing Date: March 28, 2024    Dept: A

23CMCV00964 Socorro Laws v. Clinton B. Eull, III, et al.

Thursday, March 28, 2024, at 8:30 a.m.

[TENTATIVE] ORDER GRANTING DEFENDANTS’ MOTION TO COMPEL PLAINTIFF’S RESPONSE TO FORM INTERROGATORIES, SET ONE, AND REQUEST FOR MONETARY SANCTIONS

[TENTATIVE] ORDER GRANTING DEFENDANTS’ MOTION TO COMPEL PLAINTIFF’S RESPONSE TO SPECIAL INTERROGATORIES, SET ONE, AND REQUEST FOR MONETARY SANCTIONS

[TENTATIVE] ORDER GRANTING DEFENDANTS’ MOTION TO COMPEL PLAINTIFF’S RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE, AND REQUEST FOR MONETARY SANCTIONS

      The complaint alleges that Plaintiff fell and sustained injury while walking on a defective walkway at real property owned and controlled by Defendants.  Plaintiff alleges claims for (1) negligence, (2) breach of contract, and (3) breach of the implied covenant of good faith and fair dealing.

      Defendants, Clinton B. Eull, III; and Yule3.SP1LLC, move to compel Plaintiff’s initial responses to written discovery served on October 4, 2023. Plaintiff did not serve verified responses by the due date after three extensions to respond. Plaintiff did not file an opposition to the motions by March 15, 2024, (nine court days before the hearing). (Code Civ. Proc., § 1005 subd. (b).)

      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 $175 per hour to prepare each motion is a reasonable fee to prepare discovery motions. One hour to prepare each motion (reduced from two) and one hour to appear are both reasonable under the circumstances. Defendant incurred costs of $180 ($60 per motion) in filing fees.

      Accordingly, Defendants’ three motions to compel Plaintiff’s responses to form interrogatories, special interrogatories, and request for production of documents are GRANTED. Plaintiff is ordered to serve verified responses to all written discovery at issue without objection within 15 days.  Sanctions for all three motions totaling $880 are imposed against Plaintiff and counsel, Paul Kingston, jointly and severally, and payable to Defendants within 15 days.