Judge: Yolanda Orozco, Case: 20STCV46696, Date: 2022-10-13 Tentative Ruling

Case Number: 20STCV46696    Hearing Date: October 13, 2022    Dept: 31

MOTIONS TO COMPEL INITIAL DISCOVERY

 (1) RPD, (2) SROGS, (3) FROGS, and (4) RFAS ARE GRANTED 

Background 

On December 07, 2020, Plaintiff State Farm General Insurance filed a Complaint against Defendant Southern California Edison and Does 1 to 20 for 1) Negligence, 2) Trespass, and 3) Nuisance. 

Defendant filed a Cross-Complaint on September 21, 2022. 

On July 26, 2022, State Farm served Motions to Compel Discovery Responses, without objection for (1) Request for Production, Set One; (2) Special Interrogatories, Set One; (3) Form Interrogatories, Set One; and (4) Deem Request for Admissions Admitted. 

No opposition has been filed. 

Legal Standard 

Where a party fails to serve timely responses to discovery requests, the court may make an order compelling responses.  (Code Civ. Proc., §§ 2030.010, 2030.290, 2031.300, 2033.280; 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, On December 07, 2022, Plaintiff State Farm General Insurance filed a Complaint against Defendant Southern California Edison and Does 1 to 20 for 1) Negligence, 2) Trespass and 3) Nuisance. 

On July 26, 2022, State Farm served Motions to Compel Discovery Responses, without objection for (1) Request for Production, Set One; (2) Special Interrogatories, Set One; (3) Form Interrogatories, Set One; and (4) Deem Request for Admissions Admitted. 

No opposition has been filed. 

¿If a propounding party moves for and obtains a court order compelling a response, the court shall impose monetary sanctions against the party failing to timely respond to interrogatories and demands for inspection unless that party acted with substantial justification or the sanction would otherwise be unjust. (CCP §§ 2030.010, 2030.290, 2031.300, 2033.28;¿Sinaiko¿Healthcare Consulting, Inc., supra, 148 Cal.App.4th at 404.)¿ 

Discussion 

Compel Initial Discovery 

On March 28, 2022, Plaintiff served Defendant with (1) Request for Production, Set One; (2) Special Interrogatories, Set One; (3) Form Interrogatories, Set One; and (4) a Request for Admission, Set One. (Rivera Decl. ¶ 2.) No responses have been received nor has a request for an extension of time to respond been made. (Id. ¶ 3.) 

A meet and confer letter was sent on June 17, 2022, to Defendant Edison reminding Defendant of the need to respond and that responses were due on June 29, 2022. To date, no responses have been served. 

Based on the foregoing, Plaintiff’s Motions to Compel are GRANTED. The Court also Deems  Request for Admissions, Set One Admitted. (See Rivera Ex. A.) 

Sanctions 

Plaintiff’s counsel requests $410.00 for each of the four motions to compel filed with this Court. Plaintiff’s counsel’s hourly is $350.00 per hour. (Rivera Decl. ¶ 6.) Counsel spent 1 hour drafting each motion and $60 filing each motion. 

Given that motions are similar and straightforward, the Court awards 2.0 hours of work rather than the 4.0 hours requested for each Motion. In total, Plaintiff’s Counsel is entitled to $940.00 composed of $700.00 in attorney’s fees and $240 in filing fees as sanctions against Defendant John Wesley Graves. 

Conclusion 

Plaintiff’s Motions to Compel Discovery Responses, without objection for (1) Request for Production, Set One; (2) Special Interrogatories, Set One; (3) Form Interrogatories, Set One; and (4) Deem Request for Admissions Admitted are GRANTED. 

The Court also awards monetary sanctions in the amount of $940.00 against Defendant John Wesley Graves.  

Plaintiff to give notice.