SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

 

I. MOTIONS TO COMPEL 

A. Background  

Defendant Home Depot U.S.A., Inc. ("Defendant”) propounded form interrogatories, set one, and request for production of documents (“RPDs”), set one, on plaintiff Luis Rodriguez (“Plaintiff”) on August 18, 2023. Responses were due on April 11, 2023. To date, Plaintiff has not served responses. Defendant therefore seeks an order compelling Plaintiff to respond, without objections, to the outstanding discovery and to pay sanctions.  

Any opposition was due on or before May 7, 2024; none have been filed. 

 

B. Discussion 

The motion to compel responses to form interrogatories, set one, is denied due to a defect with the proof of service attached to the motion. The proof of service fails to provide the date which Plaintiff was purportedly served with the moving papers. (CCP § 1005(b).) The same issue is not present for the motion to compel responses to RPDs. Thus, the Court will only consider the motion to compel responses to RPDs, set one, on the merits at this time. 

 

C. Conclusion & Order 

Because the evidence shows Plaintiff was properly served with Defendant’s RPDs, set one, and failed to respond, Defendant’s unopposed motion is GRANTED: Plaintiff is ordered to serve verified responses to Defendant’s RPDs, set one, without objections, within fifteen (15) days. (CCP §§ 2030.290(a),(b), 2031.300(a),(b).) 

Defendant’s motion to compel responses to form interrogatories, set one, is DENIED without prejudice on procedural grounds.  

 

II. SANCTIONS 

Sanctions are mandatory against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a response, unless a court makes certain findings.¿ (Code Civ. Proc., § 2030.290(c), 2031.300(c).)¿ Plaintiff did not file any opposition. However, sanctions may be awarded, even though no opposition was filed, pursuant to CRC 3.1348(a). Defendant seeks sanctions in the amount of $900 for the motion to compel.   

Defendant is awarded 1 hour to prepare the motion to compel responses to RPDs, and ½ hour to appear at the hearing, all at the requested rate of $200 per hour, for a total of $300 in attorney fees. Further, Defendant is awarded one motion filing fee of $60, as costs. Because the motion to compel responses to form interrogatories was denied without prejudice, no sanctions will be awarded in relation to that motion.  

Sanctions are sought and imposed against Plaintiff and/or Plaintiff’s attorney of record, jointly and severally. Plaintiff and/or Plaintiff’s counsel are ordered to pay sanctions to Defendant, by and through counsel of record, in the total amount of $360 within twenty (20) days. 

 

Moving party is ordered to give notice.