Judge: Robert B. Broadbelt, Case: 23STCV01965, Date: 2024-03-06 Tentative Ruling

Case Number: 23STCV01965    Hearing Date: March 6, 2024    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                 Plaintiff Christopher Lemole

RESPONDING PARTY:       Unopposed

Motion to Compel Responses to Discovery

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

DISCUSSION

Plaintiff Christopher Lemole (“Plaintiff”) moves the court for an order (1) compelling defendant Dean Scott-Smith (“Defendant”) to serve responses to Plaintiff’s Requests for Production of Documents, Set One, and (2) awarding sanctions in favor of Plaintiff and against Defendant in the amount of $1,861.65.

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 his Requests for Production of Documents, Set One, on May 4, 2023, by mail.  (Hemming Decl., Ex. B, Requests for Production, p. 5, Proof of Service.)  Defendant did not serve timely responses to this discovery and had not served responses as of the date that Plaintiff filed this motion.  (Hemming Decl., ¶ 8 [“To date, no response has been received by this office to plaintiff’s discovery requests”].)  Defendant did not file an opposition or other evidence with the court establishing that responses have since been served.

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

The court grants Plaintiff’s request for an award of monetary sanctions.  (Code Civ. Proc., § 2031.300, subd. (c).)  The court finds that $961.65 ((3 hours x $300 hourly rate) + $61.65 filing fee) is a reasonable amount of sanctions to impose against Defendant in connection with this motion.  (Hemming Decl., ¶ 9.)  

The court notes that, in Plaintiff’s memorandum of points and authorities, Plaintiff also requests that the court compel Defendant to serve initial responses to Plaintiff’s Form Interrogatories.  (Mot., p. 4:1-4, 4:27.)  However, Plaintiff did not request that relief in the notice of motion.  The court therefore denies that request.  (Code Civ. Proc., § 1010; Cal. Rules of Ct., rule 3.1110, subd. (a) [“A notice of motion must state in the opening paragraph the nature of the order being sought and the grounds for issuance of the order”]; Kinda v. Carpenter (2016) 247 Cal.App.4th 1268, 1277 [“courts generally may consider only the grounds stated in the notice of motion”].)

ORDER

            The court grants plaintiff Christopher Lemole’s motion to compel responses to discovery as follows.

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

            The court orders defendant Dean Scott-Smith to pay monetary sanctions to plaintiff Christopher Lemole in the amount of $961.65 within 30 days of the date of service of this order.

            The court orders plaintiff Christopher Lemole to give notice of this ruling.

IT IS SO ORDERED.

DATED:  March 6, 2024

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court