Judge Salvatore Sirna, Case Number: 22PSCV01950, Date: 2023-12-13 Tentative Ruling

Judge: Salvatore Sirna, Case: 22PSCV01950, Date: 2023-12-13 Tentative Ruling

The Court may change tentative rulings at any time. Therefore, counsel are advised to check this website periodically to determine whether any changes or updates have been made to the tentative ruling. Counsel may submit on a tentative ruling by calling the clerk in Department G at (909) 802-1104 prior to 8:30 a.m. the morning of the hearing.

Case Number: 22PSCV01950 Hearing Date: December 13, 2023 Dept: G

Plaintiffs Erika Michelle Mesa and Rosalinda Oseguera’s Motion to Compel Responses to Special Interrogatories, Set One and Form Interrogatories, Set One and Request for Costs, Sanctions, and Attorney Fees

Respondent: Defendant Cesar Armando Quijivix

Plaintiffs Erika Michelle Mesa and Rosalinda Oseguera’s Motion to Have Requests for Admission, Set One, Deemed Admitted and Request for Costs, Sanctions, and Attorney Fees

Respondent: Defendant Cesar Armando Quijivix

Plaintiffs Erika Michelle Mesa and Rosalinda Oseguera’s Motion to Compel Responses to Request for Production of Documents, Set One and Request for Costs, Sanctions, and Attorneys Fees

Respondent: Defendant Cesar Armando Quijivix

TENTATIVE RULING

Plaintiffs Erika Michelle Mesa and Rosalinda Oseguera’s Motion to Compel Responses to Special Interrogatories, Set One and Form Interrogatories, Set One is GRANTED. Defendant Cesar Armando Quijivix is ordered to serve code-complaint responses on Plaintiffs without objection within 30 days of the issuance of this order. Furthermore, Plaintiffs’ Request for Sanctions is GRANTED against Defendant and Sanctions are awarded in the amount of $336.65, payable within 30 days of the issuance of this order.

Plaintiffs Erika Michelle Mesa and Rosalinda Oseguera’s Motion to Have Requests for Admission, Set One, Deemed Admitted is GRANTED and Sanctions are awarded against Defendant Cesar Armando Quijivix in the amount of $336.65, payable within 30 days of the issuance of this order.

Plaintiffs Erika Michelle Mesa and Rosalinda Oseguera’s Motion to Compel Responses to Request for Production of Documents, Set One is GRANTED. Defendant Cesar Armando Quijivix is ordered to serve code-complaint responses on Plaintiffs without objection within 30 days of the issuance of this order. Furthermore, Plaintiffs’ Request for Sanctions is GRANTED against Defendant and Sanctions are awarded in the amount of $336.65, payable within 30 days of the issuance of this order.

BACKGROUND

This is a personal injury action arising from a motor vehicle collision. In December 2020, Plaintiffs Erika Michelle Mesa and Rosalinda Oseguera allege Defendant Cesar Armando Quijivix injured them in a motor vehicle collision that occurred on Interstate 210 in San Dimas.

On November 21, 2022, Mesa and Oseguera filed a complaint against Quijivix and Does 1-25, alleging (1) general negligence and (2) motor vehicle negligence.

On November 9, 2023, Mesa and Oseguera filed the present motions. A hearing on their motions is set for December 13 with a post-mediation status conference/trial setting conference set for June 11, 2024.

ANALYSIS

Mesa and Oseguera move to compel Quijivix to respond to discovery requests including form interrogatories, special interrogatories, requests for production of documents, and requests for admission. In addition, Mesa and Oseguera seek sanctions in each motion.

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).)

Code of Civil Procedure section 2033.280, subdivisions (b) and (c) allow the requesting party to file a motion requesting that the truth of any matters specified in the request for admissions be deemed admitted unless the party to whom the requests have been directed has served a response that is in substantial compliance before the hearing. A response to requests for admissions is timely if provided within 30 days of service. (Code Civ. Proc., § 2033.250.) Monetary sanctions must be imposed pursuant to Code of Civil Procedure section 2033.280, subdivision (c) for failure to timely respond to requests for admissions but, as noted previously, the court has discretion to reduce requested sanctions to make them reasonable. (Cornerstone, supra, 56 Cal.App.5th at p. 791.)

Discussion

On June 6, 2023, Mesa and Oseguera served discovery requests on Quijivix, including special and form interrogatories, requests for production of documents, and requests for admission. (Elechyan Decl., ¶ 6.) At an informal discovery conference held on September 26, the court ordered Quijivix to provide verified responses to Mesa and Oseguera’s discovery requests without objection on or before October 6. (Elechyan Decl., ¶ 8; 9/26/2023 Minute Order.) Subsequently, Quijivix failed to provide the required discovery responses. (Elechyan Decl., ¶ 10.) In response to Mesa and Oseguera’s motions, Quijivix’s counsel filed a declaration stating counsel has been unable to locate or communicate with Quijivix since June 2023. (Botros Decl., ¶ 4-10.) But Quijivix’s apparent failure to communicate with defense counsel does not excuse Quijivix’s responsibility to comply with discovery obligations. Accordingly, the court GRANTS Mesa and Oseguera’s motions.

Mesa and Oseguera also request sanctions in the amount of $1,811.65 against Quijivix and Quijivix’s counsel for each for their motions to compel. Accordingly, utilizing a lodestar approach and in view of the totality of the circumstances, the court awards sanctions against Quijivix and finds reasonable attorney fees and costs in the total of amount of $336.65 for each motion to compel ($275 for one hour drafting the motion and fifteen minutes attending the hearing at an hourly rate of $220 plus $61.65 in filing fees). Furthermore, based on the declaration of Quijivix’s counsel, the court declines to award sanctions against Quijivix’s counsel.