Judge: Steven A. Ellis, Case: 23STCV24048, Date: 2025-02-25 Tentative Ruling

Case Number: 23STCV24048    Hearing Date: February 25, 2025    Dept: 29

Castro v. Ren
23STCV24048

Motion to Compel Defendant Chang Shen Lu Yun, Inc. to Respond to Form Interrogatories (Set One)

Motion to Compel Defendant Chang Shen Lu Yun, Inc. to Respond to Special Interrogatories (Set One)

Motion to Compel Defendant Chang Shen Lu Yun, Inc. to Respond to Requests for Production (Set One)

Tentative

The motions are granted.

The requests for sanctions are granted in part.

Background

On October 3, 2023, Jose Jesus Castro (“Plaintiff”) filed a complaint against Yu Ren, Chang Sheng Lu Yun, Inc. (“Defendant”), and Does 1 through 50 for motor vehicle negligence and general negligence arising out of an accident on December 9, 2021.

On February 14, 2024, Defendant filed an answer.

On February 5, 2025, Defendant Yu Ren filed an answer.

On January 24, 2025, Plaintiff filed these motions to compel Defendant to provide initial responses to form interrogatories, special interrogatories, and requests for production.

Defendant’s counsel filed a declaration in opposition to the motion on February 10, 2025.

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 28, 2024, Plaintiff served Defendant with Form Interrogatories (Set One), Special Interrogatories (Set One), and Requests for Production (Set One). (Doucette Decls., ¶ 2 & Exhs. A.) No responses have been received. (Id., ¶ 6.)

Defense counsel files a declaration in opposition to the motion stating that he has been unable to conduct his client.  (Zurek Decl., ¶ 3.)

Plaintiff need show nothing more.

The motions to compel are granted.

The requests for sanctions are granted in part.

No sanctions are ordered against Defendant’s counsel.  Based on the statements in counsel’s declaration, the Court finds that the imposition of sanctions against counsel, in these circumstances, would be unjust.

The Court sets sanctions against Defendant in the amount of $525 per motion, based on 1.5 hours of attorney time per motion, multiplied by a reasonable billing rate for work of this nature of $350 per hour.  (See Doucette Decl., ¶ 7.)

Conclusion

The Court GRANTS the motions to compel.

The Court ORDERS Defendant Chang Sheng Lu Yun, Inc. to serve written, verified, code-compliant responses, without objection, to Plaintiff’s Form Interrogatories (Set One), within 15 days of notice.

The Court ORDERS Defendant Chang Sheng Lu Yun, Inc. to serve written, verified, code-compliant responses, without objection, to Plaintiff’s Special Interrogatories (Set One), within 15 days of notice.

The Court ORDERS Defendant Chang Sheng Lu Yun, Inc. to serve written, verified, code-compliant responses, without objection, to Plaintiff’s Requests for Production (Set One), within 15 days of notice.

The Court DENIES the request for sanctions against defense counsel.

The Court GRANTS the request for sanctions against Defendant.

The Court ORDERS Defendant Chang Sheng Lu Yun, Inc. to pay monetary sanctions under the Civil Discovery Act in the amount of $1,575 ($525 per motion, multiplied by three motions) to Plaintiff (through counsel) within 30 days of notice.

Moving party is ORDERED to give notice.