Judge: Nathan Vu, Case: 2021-01227912, Date: 2023-01-09 Tentative Ruling

Motions to Compel Discovery

Defendant Saks & Company LLC’s motion to compel responses to form interrogatories (set one) and motion to compel responses to requests for production of documents (set one) are GRANTED.

Plaintiff Javon Moses is ORDERED to serve full, complete, and verified responses to Defendant Saks & Company LLC’s form interrogatories (set one) and requests for production of documents (set one) without objections within 30 days of service of the notice of ruling.

Plaintiff Javon Moses is ORDERED to produce all documents responsive to Defendant Saks & Company LLC’s requests for production of documents (set one) within 45 days of service of the notice of ruling.

The court ORDERS that Plaintiff Javon Moses pay to Defendant Saks & Company LLC sanctions in the amount of $1,420 (4 hours x $325 per hour in reasonable attorney’s fees and $120 in motion filing fees) within 30 days of service of the notice of ruling.

Defendant Saks & Company LLC moves to compel Plaintiff Javon Moses to respond to form interrogatories (set one) and requests for production of documents (set one).

Compelling Responses to Interrogatories and Requests for Production

When a party properly propounds interrogatories and the party receiving the interrogatories fails to respond, “[t]he party propounding the interrogatories may move for an order compelling response to the interrogatories.” (Code Civ. Proc., § 2030.290, subd. (b).) The same is true when a party properly propounds requests for production and the party receiving the requests fails to respond. (See Code Civ. Proc., § 2031.300, subd. (b).)

Further, the propounding party is not required to file a meet and confer declaration prior to filing its motion to compel, and there is no time limit for the propounding party to file its motion. (Code Civ. Proc., § 2030.290; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 404.)

When a party fails to respond to properly served interrogatories or requests for production, the party “waives any right to exercise the option to produce writings under Section 2030.230” as well as any objection “including one based on privilege or on the protection for work product . . . .” (Code Civ. Proc., § 2030.290, subd. (a); Code Civ. Proc., § 2031.300, subd. (a).)

Defendant served Plaintiff with form interrogatories (set one) and requests for production of documents (set one) on 02/04/2022. Defendant then sent a meet-and-confer letter on 08/05/2022, which requested verified and objection-free responses to the overdue responses. Defendant also warned Plaintiff that it would file motions to compel if the responses were not served in a timely manner.

Despite this, Plaintiff failed to serve responses to the discovery requests. Plaintiff also failed to respond to or oppose the instant motions to compel. Defendant’s motions to compel therefore must be granted.

Sanctions

The Civil Procedure Code requires the court to impose monetary sanctions against a party, person, or attorney who unsuccessfully makes or opposes a motion to compel “unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.” (Code Civ. Proc., §§ 2030.290, subd. (c) & 2031.300, subd. (c).)

Plaintiff has not shown that he acted with substantial justification or that the imposition of sanctions would be unjust under the circumstances. Defendant’s request for sanctions therefore must be granted.

Defendant shall give notice of this ruling.