Judge: Robert B. Broadbelt, Case: 21STCV22711, Date: 2023-04-19 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: 21STCV22711    Hearing Date: April 19, 2023    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                Plaintiff Marlyn Jimenez

RESPONDING PARTY:       Defendant CP Electric, LLC

(1)   Motion to Compel Responses to Form Interrogatories

(2)   Motion to Compel Responses to Requests for Production of Documents

The court considered the moving papers filed in connection with this motion.  The court exercised its discretion to consider the untimely opposition papers.  (Code Civ. Proc., § 1005, subd. (b).)  No reply papers were filed.

MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES

Plaintiff Marlyn Jimenez (“Plaintiff”) moves the court for an order (1) compelling defendant CP Electric, LLC (“Defendant”) to provide answers to Plaintiff’s Form Interrogatories, Set One, and (2) awarding sanctions in favor of Plaintiff and against Defendant in the amount of $735.

If a 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 her Form Interrogatories, Set One, on March 9, 2022.  (Liberatore Decl., ¶ 3; Liberatore Decl., Ex. A.)  Although Plaintiff’s counsel granted a three-week extension to provide the requested discovery, Defendant did not provide responses.  (Liberatore Decl., ¶¶ 5-6; Liberatore Decl., Ex. B.)  Defendant did not serve responses as of the date Plaintiff filed this motion.  (Liberatore Decl., ¶ 9.)

Defendant submits evidence showing that it served responses to Plaintiff’s Form Interrogatories on October 17, 2022.  However, Defendant’s answers included objections to certain interrogatories.  (See, e.g., Opp., Ex. A, responses to Form Interrogatories numbers 3.1, 3.2, 3.4-3.7, 4.1, 4.2, 12.2-12.7, 13.1, 13.2, 14.1, 14.2.)  By failing to serve timely responses to Plaintiff’s discovery, Defendant waived “any objection to the interrogatories, including one based on privilege or on the protection for work product . . . .”  (Code Civ. Proc., § 2030.290, subd. (a).)  Thus, Defendant has not provided evidence showing that it served answers to Plaintiff’s Form Interrogatories in compliance with the Code of Civil Procedure.

The court therefore grants Plaintiff’s motion to compel Defendant’s responses to her 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 $735 (1.5 hours x $450 hourly rate + $60 filing fee) is a reasonable amount of sanctions to impose against Defendant in connection with this motion.  (Liberatore Decl., ¶¶ 13-14.)

MOTION TO COMPEL RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS

Plaintiff moves the court for an order (1) compelling Defendant to provide responses to Plaintiff’s Request for Production of Documents, Set One, and (2) awarding sanctions in favor of Plaintiff and against Defendant in the amount of $735.

If a party to whom a demand for inspection is directed fails to serve a timely response, the party making the demand may move for an order compelling response to the demand.  (Code Civ. Proc., § 2031.300, subd. (b).)

Plaintiff served Defendant with her Requests for Production of Documents, Set One, on March 9, 2022.  (Liberatore Decl., ¶ 3; Liberatore Decl., Ex. A.)  Although Plaintiff’s counsel granted a three-week extension, Defendant did not provide responses by the extended deadline.  (Liberatore Decl., ¶¶ 5-6; Liberatore Decl., Ex. B.)  Defendant did not serve responses as of the date Plaintiff filed this motion.  (Liberatore Decl., ¶ 9.)

Defendant submits evidence showing that it served written responses to Plaintiff’s Requests for Production of Documents on October 17, 2022 and responsive documents on November 4, 2022.  (Opp., Ex. A, pp. 1-2 [October 17, 2022 and November 4, 2022 emails].)  However, Defendant included objections in its responses to Plaintiff’s discovery.  (Opp., Ex. A, responses to Requests for Production of Documents numbers 1-18.). By failing to serve timely responses to Plaintiff’s Requests for Production, Defendant waived “any objection to the demand, including one based on privilege or on the protection for work product . . . .”  (Code Civ. Proc., § 2031.300, subd. (a).)  Thus, Defendant has not submitted evidence showing that it served responses in compliance with the Code of Civil Procedure.

The court therefore grants Plaintiff’s motion to compel Defendant’s responses to her Requests for Production of Documents, Set One.  (Code Civ. Proc., § 2031.300, subd. (b).)

The court grants Plaintiff’s request for monetary sanctions against Defendant.  (Code Civ. Proc., § 2031.300, subd. (c).)  The court finds that $735 (1.5 hours x $450 hourly rate + $60 filing fee) is a reasonable amount of sanctions to impose against Defendant in connection with this motion.  (Liberatore Decl., ¶¶ 13-14.)

ORDER

The court grants plaintiff Marlyn Jimenez’s motion to compel responses to form interrogatories.

Pursuant to Code of Civil Procedure section 2030.290, the court orders defendant CP Electric, LLC to serve on plaintiff Marlyn Jimenez full and complete verified answers, without objections, to plaintiff Marlyn Jimenez’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 Marlyn Jimenez’s motion to compel responses to requests for production of documents.

Pursuant to Code of Civil Procedure section 2031.300, the court orders defendant CP Electric, LLC (1) to serve on plaintiff Marlyn Jimenez full and complete verified responses, without objections, to plaintiff Marlyn Jimenez’s Requests for Production of Documents, Set One, that comply with Code of Civil Procedure sections 2031.210 through 2031.250, and (2) to produce to plaintiff Marlyn Jimenez all documents and things in defendant CP Electric, LLC’s possession, custody, or control which are responsive to those requests, within 20 days of the date of service of this order. 

The court grants plaintiff Marlyn Jimenez’s requests for monetary sanctions.

The court orders defendant CP Electric, LLC to pay sanctions to plaintiff Marlyn Jimenez in the total amount of $1,470 within 30 days of the date of service of this order.

The court orders plaintiff Marlyn Jimenez to give notice of this ruling.

IT IS SO ORDERED.

DATED:  April 19, 2023

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court