Judge: Robert B. Broadbelt, Case: 21STCV02859, Date: 2023-01-24 Tentative Ruling

Tentative rulings are sometimes, but not always, posted. The purpose of posting a tentative ruling is to to help focus the argument. The posting of a tentative ruling is not an invitation for the filing of additional papers shortly before the hearing.

Case Number: 21STCV02859    Hearing Date: January 24, 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 Form 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 responses to Plaintiff’s Form Interrogatories, Set One, and (2) awarding sanctions against Defendant and in favor of Plaintiff in the amount of $1,747.50.

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

Plaintiff served on Defendant its first set of Form Interrogatories on February 4, 2022.  (Rasiah Decl., ¶ 2; Rasiah Decl., Ex. A.)  Although Plaintiff granted Defendant an extension to respond, Defendant did not provide timely responses, and had not served responses as of the date Plaintiff filed the pending motion.  (Rasiah Decl., ¶¶ 3, 5.)  Defendant has not filed opposition papers or presented other evidence to the court establishing that responses have since been served.  The court therefore grants Plaintiff’s motion to compel Defendant’s initial responses to Plaintiff’s Form Interrogatories, Set One.  (Code Civ. Proc., § 2030.290, subd. (b).)

The court grants Plaintiff’s request for monetary 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 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 form 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 Form 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 24, 2023

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court