Judge: Michael Shultz, Case: 23CMCV01565, Date: 2024-05-07 Tentative Ruling
Case Number: 23CMCV01565 Hearing Date: May 7, 2024 Dept: A
23CMCV01565
Reginald Hackett v. Ralphs Grocery Company
[TENTATIVE]
ORDER GRANTING DEFENDANT’S THREE [3] MOTIONS TO COMPEL PLAINTIFF RESPONSES TO FORM
AND SPECIAL INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS; REQUEST
FOR IMPOSITION OF SANCTIONS
The
complaint alleges a claim for negligence arising from an injuries Plaintiff
suffered after falling on Defendant’s property. Defendant served initial written
discovery on Plaintiff on November 6, 2023. Plaintiff did not serve responses despite
Defendant’s efforts in contacting Plaintiff’s counsel.
Plaintiff’s
counsel submits a declaration stating he has lost contact with the client, and
requests that sanctions not be imposed on counsel or counsel’s law firm.
Defendant
did not file a reply brief by Monday, April 29, 2024 (five 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(b),
§2031.300(b).) Untimely responses result in a waiver of objections. (Code Civ.
Proc., § 2030.290(a), § 2031.300(a).
The
motions to compel Plaintiff to respond to form interrogatories, special
interrogatories, and request for production of documents are GRANTED. Plaintiff
is ordered to provide verified responses without objection to the form and
special interrogatories and request for production of documents within 10 days.
Imposition
of sanctions are warranted as Plaintiff has not shown substantial justification
for failing to respond to discovery requests. The Court finds that defense
counsel’s $190 per hour rate is reasonable. The Court permits one hour to
prepare each of three motions and one hour to appear. Accordingly, the court
imposes total sanctions of $760.00 ($190 x 4) against Plaintiff, Reginald
Hackett, payable to defense counsel within 10 days.