Judge: Robert B. Broadbelt, Case: 23STCV03655, Date: 2024-05-02 Tentative Ruling

Case Number: 23STCV03655    Hearing Date: May 2, 2024    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                 Plaintiff Selleton.com

RESPONDING PARTY:        Unopposed

(1)   Motion to Compel Responses to Form Interrogatories – General

(2)   Motion to Compel Responses to Special Interrogatories

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

(4)   Motion for Order Deeming Admitted Truth of Facts

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

MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES

Plaintiff Selleton.com (“Plaintiff”) moves the court for an order (1) compelling defendant MDI Spray Systems, Inc. (“Defendant”) to serve responses to Plaintiff’s Form Interrogatories, Set One, and (2) awarding monetary sanctions in favor of Plaintiff and against Defendant in the amount $1,252.

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 its Form Interrogatories – General, Set One, on June 20, 2023 by mail.  (Miller Decl., ¶ 2; Miller Decl., Ex. A.)  Defendant (1) did not serve timely responses, (2) did not serve responses by the extension date of August 25, 2023, and (3) had not served responses as of the date that Plaintiff filed this motion.  (Miller Decl., ¶¶ 3-5.)  Defendant has not filed an opposition or other evidence with the court establishing that responses have since been served. 

The court therefore grants Plaintiff’s motion.  (Code Civ. Proc., § 2030.290, subd. (b).)

The court grants Plaintiff’s request for monetary sanctions.  (Code Civ. Proc., § 2030.290, subd. (c).)  The court finds that $587 ((1.5 hours x $350 hourly rate) + $62 filing fee) is a reasonable amount of sanctions to impose against Defendant in connection with this motion.  (Miller Decl., ¶¶ 6-7.)

MOTION TO COMPEL RESPONSES TO SPECIAL INTERROGATORIES

Plaintiff moves the court for an order (1) compelling Defendant to serve responses to Plaintiff’s Special Interrogatories, Set One, and (2) awarding monetary sanctions in favor of Plaintiff and against Defendant in the amount of $1,252.

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 June 20, 2023 by mail.  (Miller Decl., Ex. A.)  Defendant did not timely serve responses to the interrogatories, nor did Defendant serve responses by the extension granted by Plaintiff’s counsel.  (Miller Decl., ¶¶ 3-4.)  Defendant had not served responses as of the date that Plaintiff filed this motion.  (Miller Decl., ¶ 5.)  Defendant has not filed an opposition or other evidence with the court establishing that responses have since been served. 

The court therefore grants Plaintiff’s motion.  (Code Civ. Proc., § 2030.290, subd. (b).)

The court grants Plaintiff’s request for monetary sanctions.  (Code Civ. Proc., § 2030.290, subd. (c).)  The court finds that $587 ((1.5 hours x $350 hourly rate) + $62 filing fee) is a reasonable amount of sanctions to impose against Defendant in connection with this motion.  (Miller Decl., ¶¶ 6-7.)

MOTION TO COMPEL RESPONSES TO REQUESTS FOR PRODUCTION

Plaintiff moves the court for an order (1) compelling Defendant to serve responses to Plaintiff’s Requests for Production of Documents, Set One, and (2) awarding monetary sanctions in favor of Plaintiff and against Defendant in the amount of $1,567.

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 its Requests for Production of Documents, Set One, by mail on June 20, 2023.  (Miller Decl., Ex. A.)  Defendant (1) did not timely serve responses,      (2) did not serve responses by the extension granted by Plaintiff’s counsel, and (3) had not served responses as of the date that Plaintiff filed this motion.  (Miller Decl., ¶¶ 3-5.)

The court therefore grants Plaintiff’s motion.  (Code Civ. Proc., § 2031.300, subd. (b).)

The court grants Plaintiff’s request for monetary sanctions.  (Code Civ. Proc., § 2031.300, subd. (c).)  The court finds that $762 ((2 hours x $350 hourly rate) + $62 filing fee) is a reasonable amount of sanctions to impose against Defendant in connection with this motion.  (Miller Decl., ¶¶ 6-7.)

MOTION FOR ORDER DEEMING ADMITTED TRUTH OF FACTS

Plaintiff moves the court for an order (1) deeming admitted the truth of the matters specified in its Requests for Admission, Set One served on Defendant, and (2) awarding monetary sanctions in favor of Plaintiff and against Defendant in the amount of $1,357.

If a party to whom requests for admission are directed fails to serve a timely response, the court shall, upon motion by the propounding party, order that the matters specified in the requests be deemed admitted, unless the court finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response that is in substantial compliance with Code of Civil Procedure section 2033.220.¿ (Code Civ. Proc., § 2033.280, subds. (b), (c).)

Plaintiff served Defendant with its Requests for Admission, Set One, on June 20, 2023 by mail.  (Miller Decl., Ex. A.)  Defendant did not serve timely serve responses and had not served responses as of the date that Plaintiff filed this motion.  (Miller Decl., ¶¶ 3-5.)  Defendant has not filed an opposition to this motion or other evidence with the court establishing that responses in substantial compliance with Code of Civil Procedure section 2033.220 have since been served.

Thus, the court finds that Defendant has not served responses to Plaintiff’s Requests for Admission, Set One, and therefore grants Plaintiff’s motion.  (Code Civ. Proc., § 2033.280, subds. (b), (c).)

The court grants Plaintiff’s request for monetary sanctions.  (Code Civ. Proc., § 2033.280, subd. (c).)  The court finds that $657 ((1.7 hours x $350 hourly rate) + $62 filing fee) is a reasonable amount of sanctions to impose against Defendant in connection with this motion.  (Miller Decl., ¶¶ 6-7.)

ORDER

            The court grants plaintiff Selleton.com’s motion to compel responses to form interrogatories.

            Pursuant to Code of Civil Procedure section 2030.290, the court orders defendant MDI Spray Systems, Inc. to serve on plaintiff Selleton.com full and complete verified answers, without objections, to plaintiff Selleton.com’s Form Interrogatories – General, Set One, that comply with Code of Civil Procedures sections 2030.220-2030.250, within 20 days of the date of service of this order.

The court grants plaintiff Selleton.com’s motion to compel responses to special interrogatories.

            Pursuant to Code of Civil Procedure section 2030.290, the court orders defendant MDI Spray Systems, Inc. to serve on plaintiff Selleton.com full and complete verified answers, without objections, to plaintiff Selleton.com’s Special Interrogatories, Set One, that comply with Code of Civil Procedures sections 2030.220-2030.250, within 20 days of the date of service of this order.

The court grants plaintiff Selleton.com’s motion to compel responses to requests for production of documents.

Pursuant to Code of Civil Procedure section 2031.300, the court orders defendant MDI Spray Systems, Inc. (1) to serve on plaintiff Selleton.com full and complete verified responses, without objections, to plaintiff Selleton.com’s Requests for Production of Documents, Set One, that comply with Code of Civil Procedure sections 2031.210-2031.250, and (2) to produce to plaintiff Selleton.com all documents and things in defendant MDI Spray Systems, Inc.’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 Selleton.com’s motion for order deeming admitted truth of facts.

Pursuant to Code of Civil Procedure section 2033.280, subdivision (b), the court orders that the truth of the matters and the genuineness of all documents specified in plaintiff Selleton.com’s Requests for Admission, Set One, served on defendant MDI Spray Systems, Inc. on June 20, 2023, are deemed admitted.

The court grants plaintiff Selleton.com’s requests for monetary sanctions.

The court orders defendant MDI Spray Systems, Inc. to pay monetary sanctions to plaintiff Selleton.com in the total amount of $2,593 within 30 days of the date of service of this order.

            The court orders plaintiff Selleton.com to give notice of this ruling.

IT IS SO ORDERED.

DATED:  May 2, 2024

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court