Judge Salvatore Sirna, Case 22PSCV01501 2023-04-20 Tentative Ruling

Judge: Salvatore Sirna, Case: 22PSCV01501, Date: 2023-04-20 Tentative Ruling

Case Number: 22PSCV01501 Hearing Date: April 20, 2023 Dept: G

Plaintiff Guillermo Segura Villa’s Motion to Compel Defendant Thomas Jamel Hawkins III’s Responses to Form Interrogatories (Set One)

Respondent: NO OPPOSITION

Plaintiff Guillermo Segura Villa’s Motion to Compel Defendant Thomas Jamel Hawkins III’s Responses to Request for Production of Documents (Set One)

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff Guillermo Segura Villa’s Motion to Compel Defendant Thomas Jamel Hawkins III’s Responses to Form Interrogatories (Set One) is GRANTED.

Defendant is ordered to serve code-complaint responses on Plaintiff without objection within twenty (20) days of the issuance of this order. Sanctions are awarded in the amount of $472.54 and payable within thirty (30) days of the issuance of this order.

Plaintiff Guillermo Segura Villa’s Motion to Compel Defendant Thomas Jamel Hawkins III’s Responses to Request for Production of Documents (Set One) is GRANTED.

BACKGROUND

This is a personal injury action arising from an automobile accident. On November 13, 2021, Plaintiff Guillermo Segura Villa was involved in an automobile collision with Defendant Thomas Jamel Hawkins III in El Monte. On October 26, 2022, Plaintiff filed a complaint against Defendant and Does 1-100, alleging (1) motor vehicle negligence and (2) general negligence.

On March 21, 2023, Plaintiff filed the present motions. A hearing on the motions is set for April 20. A case management conference is also set for July 10.

ANALYSIS

Plaintiff moves to compel Defendant to provide responses to Plaintiff’s form interrogatories and requests for production.

Legal Standard

Code of Civil Procedure section 2031.300, subdivision (b) allows the propounding party to file a motion to compel responses to requests for production if a response has not been received. Similarly, pursuant to Code of Civil Procedure section 2030.290, subdivision (b), the propounding party may file a motion to compel responses to interrogatories if a response has not been received. In both cases, a response must be provided within 30 days of service. (Code Civ. Proc., § 2030.260, subd. (a); § 2031.260, subd. (a).) If responses are untimely, the responding party waives objections. (Code Civ. Proc., §§ 2030.290, subd. (a); 2031.300, subd. (a).) The court shall impose monetary sanctions against any party, person, or attorney who unsuccessfully makes or opposes such orders to compel absent substantial justification or other circumstances that make imposition of sanctions unjust. (Code Civ. Proc., §§ 2030.290, subd. (c); 2031.300, subd. (c).) While the imposition of sanctions is mandatory, the court “has discretion to reduce the amount of fees and costs requested as a discovery sanction in order to reach a reasonable award.” (Cornerstone Realty Advisors, LLC v. Summit Healthcare Reit, Inc. (2020) 56 Cal.App.5th 771, 791 (Cornerstone).)

Discussion

On January 24, 2023, Plaintiff propounded discovery requests on Defendant, including Form Interrogatories (Set One) and Request for Production of Documents (Set One). (Malek Decl., ¶ 4.) After Defendant failed to provide any responses or request additional time, Plaintiff’s counsel sent a meet and confer letter to Defendant on March 7. (Malek Decl., ¶ 5-7.) Plaintiff’s counsel did receive any response and proceeded with the present motions. (Malek Decl., ¶ 8.) Accordingly, the court GRANTS Plaintiff’s motions to compel.

Plaintiff also requests sanctions in the amount of $2,845.08 for each motion, including $145.08 in filing costs and $2,700 for six hours of drafting at $450 an hour. Utilizing a lodestar approach and in view of the totality of the circumstances, the court awards sanctions to Plaintiff and finds reasonable attorney fees and costs in the total amount of $472.54 for each motion ($400 for two hours of drafting at $200/hour plus $72.54 in filing fees).