Case Number: BC716775 Hearing Date: August 19, 2019 Dept: 4A

MOTIONS TO COMPEL INITIAL DISCOVERY RESPONSES

Having considered the motions to compel initial discovery responses, the Court rules as follows. No opposition was filed.

BACKGROUND

On August 14, 2018, Plaintiff Priya Soni filed this action against Defendant Alvaro Herrera seeking damages for injuries allegedly sustained in a motor vehicle collision between the parties that occurred on April 18, 2017.

REQUEST FOR RELIEF

Plaintiff Priya Soni asks the Court to compel Defendant Alvaro Herrera to respond to Plaintiff’s Form Interrogatories, Set One; Special Interrogatories, Set One; and Plaintiff’s Requests for Production of Documents, Set One. Plaintiff also requests that the Court find that Defendant Alvaro Herrera has admitted the truth of the matters set forth in Plaintiff’s Requests for Admissions, Set One.

DISCUSSION

On September 13, 2018, Plaintiff propounded: (1) Form Interrogatories, Set One; (2) Special Interrogatories, Set One; (3) Requests for Admission, Set One; and (4) Requests for Production of Documents, Set One. (Cunningham Decl. ¶ 7). Responses to discovery were due on October 13, 2018. (Id. ¶ 8). Plaintiff contends that as of the filing of these motions, June 28, 2019, Plaintiff has received no responses.

Defendant has opposed none of the four motions here considered. Pursuant to CRC 8.54(c), “[a] failure to oppose a motion may be deemed a consent to the granting of the motion.”

Based on the foregoing lack of justification as to Defendant’s failure to serve timely discovery responses, Plaintiff’s motions to compel responses and motion to deem RFAs admitted are GRANTED.

Plaintiff requests sanctions in the amount of $2,436.65 for each of the 4 motions. Plaintiff argues that Defendant misused the discovery process by failing to provide responses to Plaintiff’s discovery requests pursuant to CCP § 2023.010(d). While the Court finds that sanctions are appropriate, the amount sought is not reasonable.

Plaintiff’s counsel requests 9.5 hours of attorney time at $250 an hour for each motion to compel. (Cunningham Decl. ¶ 14, 15). The Court finds 1½ hours reasonable for the preparation of each of these straight forward motions, and that no additional time was expended on reviewing any opposition or in preparing a reply.

Sanctions are awarded in the total amount of $1,746.60, for 6 hours of attorney time at $250 an hour and four filing fees of $61.65 each.

CONCLUSION

The matters set forth in Plaintiff’s Requests for Admission, Set One, are deemed to be true as against Defendant in this case.

Defendant is ordered to provide verified responses to Plaintiff’s Form Interrogatories, Set One, Special Interrogatories, Set One, and Requests for Production of Documents, Set One, without objections, within 30 days of this ruling.

Defendant shall pay Plaintiff a total of $1,746.60 in sanctions within 30 days of this ruling.

Plaintiff is ordered to give notice of this ruling.