Judge: Steven A. Ellis, Case: 21STCV24295, Date: 2023-10-11 Tentative Ruling

Case Number: 21STCV24295    Hearing Date: October 11, 2023    Dept: 29

Tentative

The motions to compel are GRANTED.  The requests for sanctions are GRANTED in part.

Background 

On June 30, 2021, Plaintiff Charlotte Woods (“Plaintiff”) filed a complaint against Defendants Shant Apet and Enterprises, Inc. for negligence arising from an automobile collision on July 5, 2019. 

Defendant Shant Apet (“Defendant”) served Form Interrogatories, Set One, and Requests for Production of Documents, Set One, on Plaintiff on June 1, 2023.  To date, Plaintiff has not responded to Defendant’s discovery requests.

On August 16, 2023, Defendant filed the instant motions to compel response to form interrogatories and requests for production of documents.  Defendant also requests monetary sanctions in the amount of $1,260 for each motion.  The total requested is $2,520.  The motion is made pursuant to Code of Civil Procedure sections 2030.290 and 2030.300. 

No opposition has been filed as of October 6, 2023.

Legal Standard 

Motions to Compel

A party must respond to interrogatories and requests for production of documents within 30 days after service.  (Code Civ. Proc., §§ 2030.260, subd. (a); 2031.260, subd. (a).)  If a party to whom interrogatories or requests for production of documents are directed does not provide timely responses, the requesting party may move for an order compelling responses to the discovery.  (Code Civ. Proc., §§ 2030.290, subd. (b); 2031.300, subd. (b).) The party also waives the right to make any objections, including one based on privilege or work-product protection.  (Code Civ. Proc., §§ 2030.290, subd. (a); 2031.300, subd. (a).) There is no time limit for a motion to compel responses to interrogatories or production of documents other than the cut-off on hearing discovery motions 15 days before trial.  (Code Civ. Proc., §§ 2024.020, subd. (a); 2030.290; 2031.300.)  No meet and confer efforts are required before filing a motion to compel responses to the discovery.  (Code Civ. Proc., §§ 2030.290; 2031.300; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 411.)

Monetary Sanctions

Sanctions are mandatory in connection with motions to compel responses to interrogatories and demand 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., §§ 2030.290, subd. (c); 2031.300, subd. (c).

Under Code of Civil Procedure section 2023.030, subd. (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 

Here, Defendant served Form Interrogatories, Set One, and Requests for Production of Documents, Set One, on Plaintiff on June 1, 2023.  (Declaration of Destini C. Blunt ISO Interrogatories (“Blunt Decl. FROG”), ¶ 2; Ex. “A”; Declaration of Destini C. Blunt ISO Production of Documents (“Blunt Decl. RPD”), ¶ 2; Ex. “A.”)  Plaintiff’s responses were initially due by July 5, 2023.  (Blunt Decl. FROG, ¶ 3; Blunt Decl. RPD, ¶ 3.)  After receiving no responses, Defendant requested Plaintiff respond to the discovery requests by July 21, 2023.  (Blunt Decl. FROG, ¶ 4; Blunt Decl. RPD, ¶ 4.)  To date, Plaintiff has not responded to Defendant’s discovery requests.  (Blunt Decl. FROG, ¶ 6; Blunt Decl. RPD, ¶ 6.)  A non-responding party waives the right to make any objections, including one based on privilege or work-product protection.  (Code Civ. Proc., §§ 2030.290, subd. (a); 2031.300, subd. (a).)

Defendant’s motions to compel are GRANTED.

Defendant also requests monetary sanctions in the amount of $1,260 (6 hours incurred at the hourly rate of $210) for each motion.  Given the relatively straightforward nature of a motion to compel initial responses to discovery, and the economies of scale associated with preparing multiple discovery motions, the Court awards sanctions in the reduced amount of $525 per motion (2.5 hours multiplied by the hourly rate of $210).  Thus, the Court awards sanctions in total amount of $1,050.  (Code Civ. Proc., §§ 2030.290, subd. (c); 2031.300, subd. (c).) 

Conclusion 

Defendant’s Motion to Compel Responses to Form Interrogatories, Set One, and for Monetary Sanctions is GRANTED. 

Defendant’s Motion to Compel Responses to Requests for Production of Documents, Set One, and for Monetary Sanctions is GRANTED. 

Plaintiff is ORDERED to provide verified written responses to Defendant’s discovery requests, without objections, within 30 days of notice of this order.

Plaintiff is ORDERED to pay monetary sanctions in the total amount of $1,050 to Defendant within 30 days of notice of this order.

Moving party is ordered to give notice.