Judge: Serena R. Murillo, Case: 20STCV37385, Date: 2022-12-08 Tentative Ruling
Case Number: 20STCV37385 Hearing Date: December 8, 2022 Dept: 29
TENTATIVE
Plaintiff’s motion to compel responses to special interrogatories is GRANTED.
Plaintiff’s motion to compel production of documents is GRANTED.
Monetary sanctions are awarded in the amount of $1,375.
Legal Standard
Compel Responses to Interrogatories
and the Production of Documents
If a party to whom interrogatories are directed fails to serve a
timely response, the propounding party may move for an order to compel
responses. (Code Civ. Proc. §
2030.290(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, supra, at 905-06.)
For the production of documents, the propounding party may file a motion to compel responses without
objection if a responding party fails to serve timely responses. (Code Civ. Proc. § 2031.300(a)-(b).)
Monetary Sanctions
Under Code of Civil Procedure section
2023.010(d), misuse of the discovery process includes “[f]ailing to respond or
to submit to an authorized method of discovery.” The court may order sanctions to cover “the
reasonable expenses, including attorney’s fees, incurred by anyone as a result
of” the misuse of the discovery by the party being sanctioned. (Code Civ. Proc. § 2023.030(a).)
But “sections
2023.010 and 2023.030 do not independently authorize the
trial court to impose monetary sanctions for misuse of discovery. (City of Los Angeles v.
PricewaterhouseCoopers, LLC (2022) 84 Cal.App.5th 466, ___ [300 Cal.Rptr.3d
432], this newly-newly published case does not yet have page numbers in the
official reporter.) The award of
monetary sanction must be based on another provision of the Discovery Act, Code
of Civil Procedure section 2016.010 et seq.
Where the court grants a motion to
compel responses to interrogatories, sanctions shall be imposed against the
party who unsuccessfully makes or opposes a motion to compel, unless the party
acted with substantial justification or the sanction would otherwise be
unjust. (Code Civ. Proc. §
2030.290(c).) There is a parallel
provision for the court to impose monetary sanctions against any party, person
or attorney who unsuccessfully opposes a motion to compel response to written
discovery. (Code Civ. Proc. §
2031.300(c).)
Discussion
Compel Deposition and Produce Documents
Plaintiff served Defendant with the special interrogatories and demand
for production of documents on December 2, 2021. (Knafo
Decl. ¶ 3.) Responses were originally
due on January 3, 2022, but Plaintiff granted Defendant’s requested extension
to January 18, 2022. (Knafo Decl. ¶
4.) Defendant failed to respond to the
interrogatories or demand for documents on January 18, 2022. (Knafo Decl. ¶ 4.)
Plaintiff emailed Defendant seven
times from February to April regarding the past-due responses. (Knafo Decl. ¶ 4; Motion, Exh. 2.) At one point, Plaintiff represented to
Defendant responses had been sent “some time ago” and would be resent. (Motion, Exh. 2, pp. 3, 5.)
Plaintiff also called Defendant twice
in April to inquire about the responses.
(Knafo Decl. ¶ 5.) Defendant did
not respond to the interrogatories or demand for production of documents or
return Plaintiff’s calls. (Knafo Decl.
¶¶ 5-6.)
Therefore, without evidence Defendant
served responses to Plaintiff’s interrogatories or demand for production of
documents, the Court GRANTS Defendant’s motions to compel responses to
interrogatories and the production of documents.
Monetary Sanctions
As stated above, each of the motions Plaintiff filed on May 25, 2022,
included a request for monetary sanctions.
Pursuant to Code of Civil Procedure sections 2030.290(c) and
2031.300(c), the Court finds an award of $1,375 appropriate, based on a total
of 2.5 hours of work for these two motions at a rate of $550/hour.
Conclusion
Accordingly, Plaintiff’s
motion to compel responses to special interrogatories is GRANTED.
Plaintiff’s
motion to compel production of documents is GRANTED.
Monetary sanctions are awarded
in the amount of $1,375.
Moving party is ordered to give notice.