Judge: Steven A. Ellis, Case: 22STCV17596, Date: 2023-06-22 Tentative Ruling

Case Number: 22STCV17596    Hearing Date: January 17, 2024    Dept: 29

Tentative

Plaintiff’s motion to compel Defendant to respond to Form Interrogatories is GRANTED.

Plaintiff’s motion for a deemed admitted order is GRANTED.

Plaintiff’s requests for monetary sanctions are GRANTED in part.

Background

Plaintiff Blue Hill Insurance Company (“Plaintiff”) filed the Complaint in this action on May 27, 2022, asserting causes of action for subrogation and indebtedness against Defendants Tytiana D. Gray (“Defendant”) and Does 1 through 100.  On June 16, 2022, Defendant, representing herself in pro per, filed her Answer.

On June 29, 2023, Plaintiff served discovery on Defendant, including Form Interrogatories (Set One) and Requests for Admission (Set One).  (Mendelson Decls., ¶ 3 & Exhs. 1.)  Defendant did not respond.  (Id., ¶ 5.)

On October 2, 2023, Plaintiff filed the two motions that are before the Court: a motion to compel Defendant to respond to Plaintiff’s Form Interrogatories (Set One) and a motion for an order deeming admitted the truth of the matters specified in Plaintiff’s Requests for Admission (Set One).  Plaintiff seeks monetary sanctions in each motion.

Defendant has not filed any opposition to either motion.

Legal Standard

A party must respond to interrogatories within 30 days after service. (Code Civ. Proc., § 2030.260, subd.(a).) If a party to whom interrogatories are directed does not provide a timely response, the propounding party may move for an order compelling response to the interrogatories. (Id., § 2030.290, subd. (b).) There is no time limit for a motion to compel initial responses, and no meet and confer efforts are required. (See id., § 2030.290; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 411.) Nor must a separate statement be filed. (Cal. Rules of Court, rule 3.1345(b)(1).)  In addition, a party who fails to provide a timely response generally waives all objections.  (Code Civ. Proc., § 2030.290, subd. (a).)

When a party moves to compel initial responses to interrogatories, “the court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes [the motion], 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.”  (Code Civ. Proc., § 2030.290, subd. (c).)

A party must respond to requests for admission within 30 days after service. (Code Civ. Proc., § 2033.250, subd.(a).) If a party to whom requests for admission are directed does not provide a timely response, the propounding party may move for an order that the truth of the matters specified in the requests be deemed admitted. (Id., § 2033.280, subd. (b).) There is no time limit for such a motion, and no meet and confer efforts are required. (See id., § 2033.280; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 411.) Nor must a separate statement be filed. (Cal. Rules of Court, rule 3.1345(b)(1).)  In addition, a party who fails to provide a timely response generally waives all objections.  (Code Civ. Proc., § 2033.280, subd. (a).)

The court “shall” make the order that the truth of the matters specified in the request be deemed admitted unless the court “finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220.”  (Id., § 2033.280, subd. (c); see St. Mary v. Super. Ct. (2014) 223 Cal.App.4th 762, 778-780.)

“It is mandatory that the court impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion [to deem admitted the matters contained in the requests for admission].”  (Code Civ. Proc., § 2033.280, subd. (c).)

In Chapter 7 of the Civil Discovery Act, Code of Civil Procedure section 2023.010, subdivision (d), defines “[m]isuses of the discovery process” to include “[f]ailing to respond to or to submit to an authorized method of discovery.”  Where a party or attorney has engaged in misuse of the discovery process, the court may impose a monetary sanction in the amount of “the reasonable expenses, including attorney’s fees, incurred by anyone as a result of that conduct.”  (Code Civ. Proc., § 2023.020, subd. (a).)  “The court may award sanctions under the Discovery Act in favor of a party who files a motion to compel discovery, even though no opposition to the motion was filed, or opposition to the motion was withdrawn, or the requested discovery was provided to the moving party after the motion was filed.” (Cal. Rules of Court, rule 3.1348(a).) 

Discussion

Plaintiff served Form Interrogatories (Set One) on Defendant on June 29, 2023.  (Mendelson Decl., ¶ 3 & Exhs. 1.)  Defendant did not respond.  (Id., ¶ 5.)

Plaintiff need not show anything more.  Plaintiff’s motion to compel Defendant to respond to the Form Interrogatories is GRANTED.

Plaintiff also Requests for Admission (Set One) on Defendant on June 29, 2023.  (Mendelson Decl., ¶ 3 & Exhs. 1.)  Defendant did not respond.  (Id., ¶ 5.)

Plaintiff need not show anything more.  Plaintiff’s motion for an order deeming admitted the truth of the matters specified in the Requests for Admission is GRANTED.

Plaintiff’s requests for monetary sanctions are GRANTED in part.  Given the relatively straightforward nature of these motions, and the economies of scale associated with filing multiple discovery motions, the Court sets sanctions on each motion in the amount of $735.00, calculated based on 1.5 hours of attorney work, multiplied by reasonable billing rate of $450.00 per hour plus the $60.00 filing fee.  (Mendelson Decls., ¶ 5.)

Conclusion

The Court GRANTS Plaintiff’s motion to compel Defendant to respond to Plaintiff’s Form Interrogatories.

The Court ORDERS Defendant to serve verified, code-compliant, written responses, without objections, to Plaintiff’s Form Interrogatories (Set One) within 21 days of notice of this ruling.

The Court GRANTS Plaintiff’s motion for a deemed admitted order.

The Court ORDERS that the matters specified in Plaintiff’s Requests for Admission (Set One), are DEEMED ADMITTED by Defendant.

The Court GRANTS Plaintiff’s request for monetary sanctions in part.

The Court ORDERS Defendant to pay monetary sanctions to Plaintiff under the Civil Discovery Act in the total amount of $1,470 ($735 for each motion, multiplied by two motions) within 30 days of notice of this ruling.

Moving party is ORDERED to give notice.