Judge: Robert B. Broadbelt, Case: 22STCV23429, Date: 2024-03-04 Tentative Ruling

Case Number: 22STCV23429    Hearing Date: March 4, 2024    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                Defendant Vision Construction Group, Inc.

RESPONDING PARTY:       Unopposed

Motion to Compel Responses to Interrogatories

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

DISCUSSION

Defendant Vision Construction Group, Inc. (“Defendant”) moves the court for an order (1) compelling plaintiff Morillo Construction, Inc. (“Plaintiff”) to serve responses to Defendant’s Form Interrogatories, and (2) awarding sanctions in favor of Defendant and against Plaintiff in the amount of $3,611.65.

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).)¿

Defendant served Plaintiff with its Form Interrogatories – Construction Litigation on November 17, 2022 by email.  (Rothstein Decl., ¶ 2; Rothstein Decl., Ex. 1 [email to Plaintiff’s counsel], Ex. 2 [Form Interrogatories – Construction Litigation].)  Although Defendant’s counsel granted Plaintiff’s counsel an extension to provide responses, Plaintiff did not timely serve responses.  (Rothstein Decl., ¶¶ 6-9.)  Plaintiff had not served responses as of the date that Defendant filed this motion.  (Rothstein Decl., ¶ 10.)  Plaintiff has not filed opposition papers or other evidence with the court establishing that responses have since been served.

Thus, the court grants Defendant’s motion to compel Plaintiff’s responses to Form Interrogatories – Construction Litigation.  (Code Civ. Proc., § 2030.290, subd. (b).)

The court grants Defendant’s request for monetary sanctions against Plaintiff.  (Code Civ. Proc., § 2030.290, subd. (c).)  The court finds that $1,549.15 ((2.5 hours x counsel’s $595 hourly rate) + $61.65 filing fee) is a reasonable amount of sanctions to impose against Plaintiff in connection with this motion.  (Rothstein Decl., ¶ 11.)

ORDER

The court grants defendant Vision Construction Group, Inc.’s motion to compel responses to interrogatories.

Pursuant to Code of Civil Procedure section 2030.290, the court orders plaintiff Morillo Construction, Inc. to serve on defendant Vision Construction Group, Inc. full and complete verified answers, without objections, to defendant Vision Construction Group, Inc.’s Form Interrogatories – Construction Litigation, that comply with Code of Civil Procedure sections 2030.220-2030.250, within 20 days of the date of service of this order.

The court grants defendant Vision Construction Group, Inc.’s request for monetary sanctions.

The court orders plaintiff Morillo Construction, Inc. to pay sanctions to defendant Vision Construction Group, Inc. in the amount of $1,549.15 within 30 days of the date of service of this order.

The court orders defendant Vision Construction Group, Inc. to give notice of this ruling.

IT IS SO ORDERED.

DATED:  March 4, 2024

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court