Judge: Thomas D. Long, Case: 22STCP03978, Date: 2022-12-13 Tentative Ruling

Case Number: 22STCP03978    Hearing Date: December 13, 2022    Dept: 48

 

 

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

WENXING ZHANG,

                        Petitioner,

            vs.

 

ALLSTATE NORTHBROOK INDEMNITY COMPANY,

 

                        Respondent.

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      CASE NO.: 22STCP03978

 

[TENTATIVE] ORDER GRANTING IN PART MOTION TO COMPEL VERIFIED RESPONSES TO FORM INTERROGATORIES AND REQUEST FOR SANCTIONS; GRANTING IN PART MOTION TO COMPEL RESPONSES TO PRODUCTION DEMAND AND REQUEST FOR SANCTIONS

 

Dept. 48

8:30 a.m.

December 13, 2022

 

On November 7, 2022, Petitioner Wenxing Zhang filed a petition to assign a case number in an uninsured motorist action against Respondent Allstate Northbrook Indemnity Company.

On November 17, 2022, Petitioner filed amended motions to compel Respondent’s responses to Form Interrogatories (Set One) and Production Demand (Set One).  Respondent did not file any oppositions.

When a party fails to serve timely responses to discovery requests, the court may make an order compelling responses.  (Code Civ. Proc., §§ 2030.290, 2031.300; Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 403.)   A party that fails to serve timely responses waives any objections to the request, including ones based on privilege or the protection of attorney work product.  (Code Civ. Proc., §§ 2030.290, subd. (a), 2031.300, subd. (a).)  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, subd. (c), 2031.300, subd. (c).)

Petitioner served discovery on Respondent on August 31, 2022.  Respondent did not serve responses to Plaintiff’s discovery and filed no oppositions to these motions.

Accordingly, the motions to compel are GRANTED.  Within 21 days of this order, Respondent is ordered to serve verified responses, without objection, to Form Interrogatories (Set One) and Production Demand (Set One).

Each of the motions include a request for sanctions of $2,015.87.  For each motion, counsel billed 3 hours at $300/hour for drafting the motion, plus 2 hours at $300/hour for reviewing any opposition, preparing a reply brief, and attending the hearing (total of 5 hours at $300/hour).  For each motion, counsel also seeks filing fees of $515.87 for filing the motions and the original petition to assign a case number.

The short motions are nearly identical.  Respondent did not file any oppositions, so Petitioner’s counsel is not entitled to attorney fees anticipatorily billed for the opposition and reply.  The motions will be heard together, and the hearings on the unopposed motions will not be very long.  Petitioner is also not entitled to recover the initial filing fee twice.  The Court concludes that a reasonable total sanction based on a reasonable amount of attorney fees and costs is $1,000.00.

The requests for sanctions are GRANTED IN PART.  Allstate Northbrook Indemnity Company is ordered to pay sanctions of $1,000.00 to Petitioner within 21 days of this order.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit.  Parties intending to appear are encouraged to appear remotely and should be prepared to comply with Dept. 48’s new requirement that those attending court in person wear a surgical or N95 or KN95 mask.

 

         Dated this 13th day of December 2022

 

 

 

 

Hon. Thomas D. Long

Judge of the Superior Court