Judge: Serena R. Murillo, Case: 20STCV01536, Date: 2022-10-20 Tentative Ruling
Case Number: 20STCV01536 Hearing Date: October 20, 2022 Dept: 29
Motion
to Compel Responses to Form Interrogatories and Request for Sanctions filed by
Defendant NBC Universal, Inc.
TENTATIVE
Defendant NBC Universal, Inc.’s motion to compel responses
to form interrogatories is GRANTED. Plaintiff Hugo Vega Hernandez is ordered to serve verified
responses without objections to the discovery request within 30 days of this
order.
Defendant’s
request for sanctions in GRANTED. Plaintiff Hugo Vega Hernandez and counsel of
record Stephen Airapetian are ordered to pay Defendant monetary sanctions in
the amount of $500 within 30 days of this order.
Legal
Standard
Compel Interrogatories
If a party to
whom interrogatories are directed fails to serve a timely response, the
propounding party may move for an order compelling responses and for a monetary
sanction. (Code Civ. Proc., § 2030.290,
subd. (b).) The statute contains no time limit for a motion to compel where no
responses have been served. All that need be shown in the moving papers is that
a set of interrogatories was properly served on the opposing party, that the
time to respond has expired, and that no response of any kind has been
served. (Leach v. Superior Court
(1980) 111 Cal.App.3d 902, 905–906.)
Sanctions
Sanctions are mandatory in connection with a motion to compel
responses to interrogatories against any party, person, or attorney who
unsuccessfully makes or opposes a motion to compel unless the court “finds that
the one subject to the sanction acted with substantial justification or that
other circumstances make the imposition of the sanction unjust.” (Code
Civ. Proc. §§ 2030.290(c).)
Under CCP section 2023.030(a), “[t]he court may
impose a monetary sanction ordering that one engaging in the misuse of the
discovery process, or any attorney advising that conduct, or both pay the
reasonable expenses, including attorney’s fees, incurred by anyone as a result
of that conduct. . . . If a monetary sanction is authorized by any provision of
this title, the court shall impose that sanction unless it finds that the one
subject to the sanction acted with substantial justification or that other
circumstances make the imposition of the sanction unjust.” Failing to respond
or to submit to an authorized method of discovery is a misuse of the discovery
process. (Code Civ. Proc. § 2023.010.)
Discussion
On May 21, 2021, Defendant served Form
Interrogatories on Plaintiff. (Schrieffer Decl., ¶ 2; Exh. A.) The
deadline for Plaintiff to respond to Defendant’s Form Interrogatories was June
20, 2021. (Id., ¶ 3.) However, Defendant did not receive responses to the Form
Interrogatories. (Id.)
As Defendant has properly served
the discovery requests, and Plaintiff has not provided a response, the motion
to compel Plaintiff’s responses is granted. The Court finds Defendant is
entitled to a court order directing Plaintiff to serve verified responses
without objections to the discovery request.
As the motion is
granted, Defendant’s request for sanctions is also granted, but in a reduced
amount due to the simplicity of the motion. Defense counsel’s declaration does not specify
counsel’s hourly rate or time spent. (Code Civ. Proc. §
2023.040.) Nevertheless, the Court finds the amount sought by Defendant is
unreasonable and reduces the amount of sanctions to $500. As such, Plaintiff Hugo Vega
Hernandez and counsel of record Stephen Airapetian are ordered to pay Defendant
monetary sanctions in the amount of $500 jointly and severally, within 30 days
of this order.
Conclusion
Accordingly, Defendant NBC Universal, Inc.’s motion
to compel responses to form interrogatories is GRANTED. Plaintiff is ordered to
serve verified responses without objections to the discovery request within 30
days of this order.
Defendant’s
request for sanctions in GRANTED. Plaintiff Hugo Vega Hernandez and counsel of
record Stephen Airapetian are ordered to pay Defendant monetary sanctions in
the amount of $500 within 30 days of this order.
Moving party is ordered to give notice.