Judge: Robert B. Broadbelt, Case: 21STCV02859, Date: 2023-01-23 Tentative Ruling

Case Number: 21STCV02859    Hearing Date: January 23, 2023    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                 Plaintiff Consumer Advocacy Group, Inc.

RESPONDING PARTY:        Unopposed

Motion to Compel Initial Responses to Special Interrogatories, Set One

The court considered the moving papers filed in connection with this motion.  No opposition papers were filed.   

DISCUSSION

Plaintiff Consumer Advocacy Group, Inc. (“Plaintiff”) moves the court for an order (1) compelling defendant Midland Hardware Company No. 4 (“Defendant”) to provide initial responses to Plaintiff’s Special Interrogatories, Set One, and (2) awarding sanctions in favor of Plaintiff and against Defendant in the amount of $1,747.50.

If the party to whom interrogatories are directed fails to serve a timely response, the propounding party may move for an order compelling response to the interrogatories.  (Code Civ. Proc., §¿2030.290, subd. (b).)  

Plaintiff served Defendant with its Special Interrogatories, Set One, on February 4, 2022.  (Rasiah Decl., ¶ 2; Rasiah Decl., Ex. A.)  Plaintiff asserts that, at the time of filing the pending motion, Defendant failed to provide responses.  (Rasiah Decl., ¶ 5.)  Defendant has not filed an opposition to Plaintiff’s motion or presented evidence to the court establishing that responses have been served.  The court therefore grants Plaintiff’s motion to compel Defendant’s responses to its Special Interrogatories, Set One, served on Defendant on February 4, 2022.  (Code Civ. Proc., § 2030.290, subd. (b).)

The court grants Plaintiff’s request for sanctions against Defendant.  (Code Civ. Proc., § 2030.290, subd. (c).)  The court finds that $997.50 (2.5 hours x $375 hourly rate + $60 filing fee) is a reasonable amount of monetary sanctions to impose against Defendant in connection with this motion.  (Rasiah Decl., ¶ 6.)

ORDER

The court grants plaintiff Consumer Advocacy Group, Inc.’s motion to compel initial responses to special interrogatories, set one.  (Code Civ. Proc., § 2030.290, subd. (b).)

Pursuant to Code of Civil Procedure section 2030.290, the court orders defendant Midland Hardware Company No. 4 to serve on plaintiff Consumer Advocacy Group, Inc. full and complete verified answers, without objections, to plaintiff Consumer Advocacy Group, Inc.’s Special Interrogatories, Set One, that comply with Code of Civil Procedure sections 2030.220 and 2030.250, subdivisions (a) and (b), within 20 days of the date of service of this order.¿¿¿ 

The court grants plaintiff Consumer Advocacy Group, Inc.’s request for monetary sanctions against defendant Midland Hardware Company No. 4.¿ The court orders defendant Midland Hardware Company No. 4 to pay monetary sanctions in the amount of $997.50 to plaintiff Consumer Advocacy Group, Inc. within 30 days of the date of service of this order.¿ (Code Civ. Proc., § 2030.290, subd. (c).)¿¿¿ 

            The court orders plaintiff Consumer Advocacy Group, Inc. to give notice of this ruling. 

IT IS SO ORDERED.

DATED:  January 23, 2023

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court