Judge: Serena R. Murillo, Case: 20STCV34257, Date: 2022-08-19 Tentative Ruling

Case Number: 20STCV34257    Hearing Date: August 19, 2022    Dept: 29

TENTATIVE

Plaintiff Arpi Baghoomian’s motion to compel Defendant Fletcher Jones to provide responses to the request for production of documents is GRANTED. Defendant Fletcher Jones is ordered to provide verified responses without objection to Plaintiff’s request for production of documents within 30 days. The Court imposes sanctions in the amount of $550 in favor of Plaintiff and against Defendant Fletcher Jones and counsel of record, Mitchell L. Fenton, jointly and severally, payable within 30 days of this order.

Legal Standard

Compel RPDs 

Where there has been no timely response to a demand for the production of documents, the demanding party may seek an order compelling a response.  (Code Civ. Proc. § 2031.300(b).)  Failure to timely respond waives all objections, including privilege and work product.  (Code Civ. Proc. § 2031.300(a).)  Thus, unless the party to whom the demand was directed obtains relief from waiver, he or she cannot raise objections to the documents demanded.  There is no deadline for a motion to compel responses.  Likewise, for failure to respond, the moving party need not attempt to resolve the matter outside court before filing the motion. 

Sanctions

Sanctions are mandatory in connection with a motion to compel responses to requests for production of documents 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. § 2031.300(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

Plaintiff propounded Requests for Production of Documents, Set Two on December 1, 2021. (Decl. of Katrina N. Yu, ¶ 2; Exh. A.) Defendant reached out to Plaintiff on December 30, 2021, asking for two weeks extension to respond, and an extension was granted. (Id., 3; ¶ Exh. B.) Defendant responded with boilerplate objections. (Id., ¶ 5; Exh. D.) Plaintiff attempted to meet and confer numerously to no avail. (Id., Exhs. E-F.) As of the date of filing this motion, Defendant had still not responded to the discovery. (Id., ¶ 12.)

As Plaintiff properly served discovery requests and Defendant failed to serve responses, the Court finds Plaintiff is entitled to a court order directing Defendant to provide verified responses without objections to the discovery requests served on Defendant.  Therefore, the motion is granted.

As the motion is granted, the request for sanctions is also granted, but in a reduced amount due to the simplicity of the motion. Thus, the Court imposes sanctions in the amount of $550 ($550 x 1 hour) in favor of Plaintiff and against Defendant Fletcher Jones and attorney of record, Mitchell L. Fenton, jointly and severally, to be paid within 30 days.

Conclusion

Accordingly, Plaintiff’s motion to compel Defendant Fletcher Jones to provide responses to the request for production of documents is GRANTED. Defendant Fletcher Jones is ordered to provide verified responses without objection to Plaintiff’s request for production of documents within 30 days. The Court imposes sanctions in the amount of $550 in favor of Plaintiff and against Defendant Fletcher Jones and counsel of record, Mitchell L. Fenton, jointly and severally, payable within 30 days of this order.

Moving party is ordered to give notice.