Judge: Robert B. Broadbelt, Case: BC700821, Date: 2023-08-10 Tentative Ruling

Case Number: BC700821    Hearing Date: August 10, 2023    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                 Defendant Willie Howard, Successor Trustee of the John E. Howard Living Trust            

RESPONDING PARTY:       Unopposed

(1)   Motion to Compel Responses to Form Interrogatories

(2)   Motion to Compel Responses to Special Interrogatories

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

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

MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES

Defendant Willie Howard, Successor Trustee of the John E. Howard Living Trust (“Defendant”) moves the court for an order (1) compelling plaintiff Wesley Pate, Jr. (“Plaintiff”) to provide responses to Defendant’s Form Interrogatories, Set One, and (2) awarding monetary sanctions in favor of Defendant and against Plaintiff in the amount of $1,547.50.

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 Defendant’s Form Interrogatories, Set One, by mail and email on August 25, 2022.  (Butler Decl., Ex. 1.)  Plaintiff did not serve timely responses and had not served responses as of the date that Defendant filed this motion.  (Butler Decl., ¶ 6.)  Plaintiff has not filed opposition papers or other evidence with the court establishing that responses have been served.  The court therefore grants Defendant’s motion.  (Code Civ. Proc., § 2030.290, subd. (b).)

The court grants Defendant’s request for monetary sanctions.  (Code Civ. Proc., § 2030.290, subd. (c).)  The court finds that $910 ((2 hours x $425 hourly rate) + $60 filing fee) is a reasonable amount of sanctions to impose against Plaintiff in connection with this motion.  (Butler Decl., ¶ 7.)

MOTION TO COMPEL RESPONSES TO SPECIAL INTERROGATORIES

Defendant moves the court for an order (1) compelling Plaintiff to provide responses to Defendant’s Special Interrogatories, Set One, and (2) awarding sanctions in favor of Defendant and against Plaintiff in the amount of $1,547.

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 Defendant’s Special Interrogatories, Set One, by mail and email on August 25, 2022.  (Butler Decl., Ex. 1.)  Plaintiff did not serve timely responses and had not served responses as of the date that Defendant filed this motion.  (Butler Decl., ¶ 6.)  Plaintiff has not filed opposition papers or other evidence with the court establishing that responses have been served.  The court therefore grants Defendant’s motion.  (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 $910 ((2 hours x $425 hourly rate) + $60 filing fee) is a reasonable amount of sanctions to impose against Plaintiff in connection with this motion.  (Butler Decl., ¶ 7.)

MOTION TO COMPEL RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS

Defendant moves the court for an order (1) compelling Plaintiff to provide responses to Defendant’s Requests for Production of Documents, Set One, and (2) awarding sanctions in favor of Defendant and against Plaintiff in the amount of $1,547.50.

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).)¿ 

Defendant served Plaintiff with Defendant’s Request for Production of Documents, Set One, on August 25, 2022 by mail and email.  (Butler Decl., Ex. 1.)  Plaintiff did not serve timely responses and had not served responses as of the date that Defendant filed this motion.  (Butler Decl., ¶ 6.)  Plaintiff has not filed opposition papers or other evidence with the court establishing that responses have been served.  The court therefore grants Defendant’s motion.  (Code Civ. Proc., § 2031.300, subd. (b).)

The court grants Defendant’s request for monetary sanctions.  (Code Civ. Proc., § 2031.300, subd. (c).)  The court finds that $910 ((2 hours x $425 hourly rate) + $60 filing fee) is a reasonable amount of sanctions to impose against Plaintiff in connection with this motion.  (Butler Decl., ¶ 7.)

ORDER

The court grants defendant Willie Howard, Successor Trustee of the John E. Howard Living Trust’s motion to compel responses to form interrogatories.

Pursuant to Code of Civil Procedure section 2030.290, the court orders plaintiff Wesley Pate, Jr. to serve on defendant Willie Howard, Successor Trustee of the John E. Howard Living Trust full and complete verified answers, without objections, to defendant Willie Howard, Successor Trustee of the John E. Howard Living Trust’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 defendant Willie Howard, Successor Trustee of the John E. Howard Living Trust’s motion to compel responses to special interrogatories.

Pursuant to Code of Civil Procedure section 2030.290, the court orders plaintiff Wesley Pate, Jr. to serve on defendant Willie Howard, Successor Trustee of the John E. Howard Living Trust full and complete verified answers, without objections, to defendant Willie Howard, Successor Trustee of the John E. Howard Living Trust’s Special 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 defendant Willie Howard, Successor Trustee of the John E. Howard Living Trust’s motion to compel responses to request for production of documents.

Pursuant to Code of Civil Procedure section 2031.300, the court orders plaintiff Wesley Pate, Jr. (1) to serve on defendant Willie Howard, Successor Trustee of the John E. Howard Living Trust full and complete verified responses, without objections, to defendant Willie Howard, Successor Trustee of the John E. Howard Living Trust’s Request for Production of Documents, Set One, that comply with Code of Civil Procedure sections 2031.210 through 2031.250, and (2) to produce to defendant Willie Howard, Successor Trustee of the John E. Howard Living Trust all documents and things in plaintiff Wesley Pate, Jr.’s possession, custody or control which are responsive to those requests, without 20 days of the date of service of this order.

The court grants defendant Willie Howard, Successor Trustee of the John E. Howard Living Trust’s request for monetary sanctions.  The court orders plaintiff Wesley Pate, Jr. to pay sanctions in the total amount of $2,730 to defendant Willie Howard, Successor Trustee of the John E. Howard Living Trust within 30 days of the date of service of this order.

The court orders defendant Willie Howard, Successor Trustee of the John E. Howard Living Trust to give notice of this ruling.

IT IS SO ORDERED.

DATED:  August 10, 2023

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court