Judge: Michael Shultz, Case: 24STCV14631, Date: 2025-01-14 Tentative Ruling
Case Number: 24STCV14631 Hearing Date: January 14, 2025 Dept: 40
24STCV14631
Charles Lee, dba Master Group v. The Estate of Wayne Nelson, et al.
[TENTATIVE]
ORDER GRANTING PLAINTIFF’S MOTION TO COMPEL DEFENDANT,
ESTATE OF WAYNE NELSON’S RESPONSES TO FORM INTERROGATORIES, SET ONE, AND
REQUEST FOR IMPOSITION OF MONETARY SANCTIONS
[TENTATIVE] ORDER GRANTING PLAINTIFF’S MOTION TO
DEEM ADMITTED DEFENDANT, ESTATE OF WAYNE NELSON’S RESPONSES TO REQUESTS FOR
ADMISSION AND REQUEST FOR IMPOSITION OF MONETARY SANCTIONS
I.
BACKGROUND
The complaint alleges Plaintiff agreed to make upgrades and
repairs to Defendant’s property. Defendant subsequently died causing Plaintiff
to send invoices to the parties responsible for Defendant’s estate. As the Estate of Wayne Nelson failed to pay for
services, Plaintiff filed a mechanics lien against the property. Plaintiff
alleges claims for breach of contract, foreclosure of mechanics lien, quantum
meruit, and declaratory relief for the recovery of $232,000 owed to Plaintiff.
On September 13, 2024, Plaintiff served form interrogatories and
requests for admission on Defendant, Estate of Wayne Nelson, (“Estate”). Defendant
failed to respond. Plaintiff requests an
order compelling responses to the form interrogatories, for a deemed admitted
order, and for imposition of sanctions.
Defendant argues that there has been a problem receiving email
communications from Plaintiff beginning October 9, 2024. Defendant timely
served responses, but Plaintiff did not receive them. Defendant offered to re-send them. Defendant
was not aware this motion had been served until conducting an audit of this
matter on January 2, 2025. Defendant served responses by email and U.S. Mail.
Defendant acted in good faith and the request for monetary sanctions should be
denied.
In reply, Plaintiff argues that responses, due on October 18,
2024, have never been received. Defendant’s oppositions are untimely filed. Defendant
did not provide the court with any proof that responses were sent to Plaintiff.
II.
DISCUSSION
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).) Defendant has not provided any proof that
responses were timely served and re-served upon discovery of the email
communication problems.
Where a party fails to respond to
requests for admission, the court can deem the requests admitted against the
non-responding party unless it finds that the non-responding party has
subsequently served, before the hearing, a proposed response to the requests
that substantially complies with statutory requirements. (Code Civ. Proc., § 2033.280 subd. (c).)
There is no evidence that Defendant served responses prior to the hearing.
Imposition of sanctions is
mandatory where a party’s failure to respond to the requests necessitates the
motion. (Code Civ. Proc., § 2033.280 subd. (c).)
While Plaintiff’s counsel charges
an hourly rate of $475 per hour, the Court finds that $400 per hour is a
reasonable rate for routine, non-complex discovery motions. The Court finds
that three hours to prepare each motion and reply brief and to appear are reasonable.
III.
CONCLUSION
For the foregoing reasons the
Court GRANTS both motions. Defendant, Estate of Wayne Nelson, is ordered to serve
within 10 days, verified responses to form interrogatories, set one, without
objection. The requests for admission served on Defendant, Estate of Wayne
Nelson, are deemed admitted. The court imposes total sanctions against
Defendant, Estate of Wayne Nelson, and counsel Law Offices of Loyst Fletcher,
jointly and severally in the total amount for both motions of $2,925.00 (3
hours to prepare each motion and reply for a total of 6 hours, and 1 hour to
appear for a total of 7 hours x $400) plus total costs of $125 ($62.50 in
filing fees for each motion). Sanctions are payable to Plaintiff’s counsel
within 10 days.