Judge: Steven A. Ellis, Case: 22STCV37831, Date: 2024-09-18 Tentative Ruling

Case Number: 22STCV37831    Hearing Date: September 18, 2024    Dept: 29

Parrott v. City of Los Angeles
22STCV37831
Motion to Compel Plaintiff to Respond to Form Interrogatories (Set One)
Motion to Compel Plaintiff to Respond to Special Interrogatories (Set One)
Motion to Compel Plaintiff to Respond to Request for Production (Set One).

Tentative

The motions are granted.

The requests for sanctions are granted in part and denied in part.

Background

On December 5, 2022, Elizabeth Parrott (“Plaintiff”) filed a complaint against City of Los Angeles (“Defendant”) and Does 1 through 10. On May 8, 2023, Plaintiff filed a First Amended Complaint (“FAC”). 

On March 13, 2024, Defendant filed an answer to the FAC.  Defendant also filed a cross-complaint against Roes 1 through10.

On August 7, 2024, Defendant filed the three motions that are before the Court and set for hearing on September 18: a motion to compel Plaintiff to respond to Form Interrogatories (Set One); a motion to compel Plaintiff to respond to, Special Interrogatories (Set One); and a motion to compel Plaintiff to respond to Request for Production (Set One).

Plaintiff filed a single opposition on August 30.

No reply has been filed.

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 production of documents within 30 days after service. (Code Civ. Proc., § 2031.260, subd.(a).) If a party to whom requests for production of documents are directed does not provide timely responses, the requesting party may move for an order compelling response to the demand. (Id., § 2031.300, subd. (b).) There is no time limit for a motion to compel initial responses, and no meet and confer efforts are required. (See id., § 2031.300; 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., § 2031.300, subd. (a).)

When a party moves to compel initial responses to requests for production, “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., § 2031.300, 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).)

Discussion

On March 13, 2024, Defendant served Plaintiff with discovery including Form Interrogatories, Special Interrogatories, and Request for Production. (Bona Decls., ¶ 3 & Exhs. A.)  Plaintiff has not responded. (Id., ¶ 6.)

In Plaintiff’s single opposition to these three motions, Plaintiff does not contest the service of the discovery or the failure to respond.  Plaintiff’s counsel does, however, state that Plaintiff has not cooperated in providing responses, and counsel argues that no sanctions should be imposed on him or his office. (Yeager Decl., ¶ 2.)

As to request for an order compelling discovery responses, Defendant need not show anything more.  All three motions to compel are granted.

As to the requests for sanctions, the Court finds that Plaintiff has unsuccessfully opposed the motions, that Plaintiff has not acted with substantial justification, and that the imposition of sanctions against Plaintiff would not be unjust.  No sanctions are awarded against Plaintiff’s counsel.  

In light of the economies of scale associated with preparing multiple discovery motions, and the reasonably straightforward nature of these motions, the Court sets sanctions in the amount of $250 per motion, based on one hour of attorney time, multiplied by a reasonable rate of $250 per hour for work of this nature. (See Bona Decls., ¶ 7.)

Conclusion

The Court GRANTS the motions to compel Plaintiff to respond to form interrogatories, special interrogatories, and requests for production.

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

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

The Court ORDERS Plaintiff to serve code compliant, written, verified responses, without objection, to Defendant’s Requests for Production (Set One) within 21 days of notice of this order.

The Court GRANTS IN PART and DENIES IN PART Defendant’s requests for monetary sanctions.

The Court ORDERS Plaintiff is ordered to pay monetary sanctions under the Civil Discovery Act in the amount of $750 to Defendant within 30 days of notice of this order.

Moving party is ORDERED to give notice.