Case Number: TC028743 Hearing Date: February 20, 2018 Dept: A

# 12. Flexi-Van Leasing, Inc. v. Dad & Son Transportation Inc.

Case No.: TC028743

Matter on calendar for: Hearing on an unopposed motion to compel discovery

Tentative ruling:

This is an action for common counts, conversion, and unjust enrichment arising from Defendant’s alleged conversion of Plaintiff’s chassis. Plaintiff served special interrogatories on Defendant Dad & Son Transportation Inc. on July 14, 2017. (Goodman Decl.) Defendant requested a two-week extension but never responded. (Id.) Plaintiff invited Defendant to engage in a meet and confer regarding the discovery dispute, but Defendant ignored Plaintiff’s invitation. (Id.)

Plaintiff has moved to compel Defendant to respond to its special interrogatories. The Court previously took the motion off-calendar for failure to comply with the informal discovery conference process. (November 22, 2017 Minute Order.) The Court took the motion under submission on January 25, 2017.

Defendant has failed to respond to Plaintiff’s discovery request in violation of CCP § 2023.010(d). Defendant has timely moved to compel discovery responses. There is no indication Defendant acted with substantial justification in failing to respond to Plaintiff’s discovery requests (and subsequent meet and confer efforts).

The Court grants Plaintiff’s motion to compel, and orders Defendant to serve verified discovery responses within 20 days.

Plaintiff is also entitled to recover its reasonable attorney fees and costs in the form of sanctions against Defendant under CCP § 2023.290(c). Plaintiff requests $1,060 for five hours expended at a $200 billing hourly rate, and $60 in costs. (Goodman Decl.) The Court finds the request reasonable, and orders Defendant to pay $1,060 to Plaintiff’s counsel within 10 days.