Judge: Serena R. Murillo, Case: 20STCV37385, Date: 2022-08-24 Tentative Ruling

Case Number: 20STCV37385    Hearing Date: August 24, 2022    Dept: 29

TENTATIVE

Plaintiff Jesus Villarreal’s motion to compel Defendant to provide verified responses to Form Interrogatories is GRANTED. Defendant Growth Spike Holdings, LLC is ordered to provide verified responses without objections within 30 days of this order.

Defendant Growth Spike Holdings, LLC is also ordered to pay Plaintiff sanctions in the amount of $1,166.75 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 December 2, 2021, Plaintiff Jesus Villarreal served Defendant Growth Spike Holdings, LLC Form Interrogatories, Set No. 1. Defendant’s responses to these interrogatories were initially due on January 3, 2022. (Knafo Decl., Exh. 1.) On January 3, 2020, Defense counsel requested an extension to January 18, 2022, which Plaintiff granted. However, Defendant did not serve any responses on January 18, 2022. (Id., Exh. 2.) On February 14, 2022, Plaintiff’s counsel reached out to defense counsel inquiring about the past due discovery responses. However, Defense counsel did not respond. On February 16, 2022, Plaintiff’s counsel followed up on the status of the past due responses. Defendant claimed that the responses “had been sent some time ago” and that electronic copies would be sent to Plaintiff’s counsel. However, Defense counsel did not email any responses. After multiple attempts to contact Defendant’s counsel to obtain responses to no avail, Plaintiff filed this motion.

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, Plaintiff’s 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 $1,166.75 ($550 per hour x 2 hours, plus $66.75 in filing fees) against Defendant Growth Spike Holdings LLC to be paid within 30 days.

Conclusion

Accordingly, Plaintiff’s motion to compel Defendant to provide verified responses to Form Interrogatories is GRANTED. Defendant Growth Spike Holdings, LLC is ordered to provide verified responses without objections within 30 days of this order.

Defendant Growth Spike Holdings, LLC is also ordered to pay Plaintiff sanctions in the amount of $1,166.75 within 30 days of this order.

Moving party is ordered to give notice.