Judge Michelle C. Kim, Case 21STCV32850 2023-03-14 Tentative Ruling

Plaintiff Christopher D. Green (“Plaintiff”) alleges that on or about September 5, 2019 he was involved in an auto accident with Defendant Paola Isabel Ruvalcaba (“Defendant”). Plaintiff filed this lawsuit on September 3, 2021.

On November 15, 2021, Defendant served written discovery on Plaintiff, including Form Interrogatories (Set One). (Mendez Decl., ¶ 2; Ex. A.) To date, despite Defendant granting multiple extensions of time for Plaintiff to respond and attempting to meet and confer with Plaintiff’s counsel, Plaintiff has not served any responses. (Mendez Decl., ¶¶ 3-8; Ex. B, C, D, E.) Defendant therefore seeks an order compelling Plaintiff to provide verified responses to Form Interrogatories (Set One) and for monetary sanctions in the amount of $690.00 against Plaintiff and/or his counsel.

Although no meet and confer is required for a motion to compel responses, (Demyer v. Costa Mesa Mobile Home Estates (1995) 36 Cal.App.4th 393, 395 fn 4, disapproved on other grounds in Wilcox v. Birtwhistle (1999) 21 Cal.4th 973, 977), Defendant states that they attempted to meet and confer with Plaintiff’s counsel in an effort to avoid bringing this motion.

A party propounding interrogatories may move to compel responses if the party to whom the interrogatories are directed fails to respond in a timely manner. (CCP § 2030.290(b).) The court must impose monetary sanctions against any party or attorney who unsuccessfully makes or opposes a motion to compel responses to interrogatories, unless it finds that the party or attorney subject to the sanctions acted with substantial justification or other circumstances make the imposition unjust. (Id. § 2030.290(c).)

Plaintiff has failed to respond to Defendant’s Form Interrogatories (Set One) and has not opposed this motion. Therefore, Defendant’s motion is granted. Plaintiff is ordered to serve verified responses, without objections, to Form Interrogatories (Set One) within 10 days of the date of this order.

Sanctions are mandatory unless the one subject to sanctions acted with substantial justification or other circumstances make the imposition of sanctions unjust. (CCP § 2030.290(c).) Defendant is awarded one hour for preparing the motion to compel and one-half hour to appear at the hearing at the reasonable rate of $210 per hour, plus the filing fee of $60, for a total of $375 in attorney fees and costs.

Defendant seeks sanctions against Plaintiff and/or Plaintiff’s attorney of record. Defendant does not describe any conduct warranting sanctions against Plaintiff personally. The evidence shows that the discovery was served on, and the meet and confer attempt was made with, Plaintiff’s counsel, but Plaintiff’s counsel did not respond. Sanctions are imposed against Plaintiff’s attorney of record only. Plaintiff’s counsel is ordered to pay sanctions to Defendant, by and through counsel of record, in the total amount of $375, within twenty (20) days.

· Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement.

· If a party intends to submit on this tentative ruling, the party must send an email to the court at sscdept31@lacourt.org with the Subject line “SUBMIT” followed by the case number. The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.

· Unless all parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument. You should assume that others may appear at the hearing to argue.

· If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court. After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave.

Hon. Audra Mori

Judge of the Superior Court