Case Number: 18STLC04336 Hearing Date: October 31, 2019 Dept: 94

MOTION TO COMPEL RESPONSES TO INTERROGATORIES, REQUEST FOR PRODUCTION; REQUEST FOR SANCTIONS

(CCP §§ 2030.290; 2031.300)

TENTATIVE RULING:

Defendant Miguel Larios Lopez’s (1) Motion for Order Compelling Plaintiff Guadalupe Calderon Zambrano to Respond to Form Interrogatories; Request for Sanctions; and (2) Motion for Order Compelling Plaintiff Guadalupe Calderon Zambrano to Respond to Request for Production of Documents; Request for Sanctions are GRANTED. RESPONSES TO THE INTERROGATORIES AND REQUESTS FOR PRODUCTION ARE TO BE SERVED BY PLAINTIFF WITHIN 20 DAYS OF SERVICE OF NOTICE OF THIS ORDER. PLAINTIFF IS FURTHER ORDERED TO PAY SANCTIONS OF $518.30 TO DEFENSE COUNSEL WITHIN 30 DAYS OF SERVICE OF NOTICE OF THIS ORDER.

SUMMARY OF COMPLAINT: Action for motor vehicle negligence.

GROUNDS FOR MOTION: The Court should compel Plaintiff to provide verified responses to the interrogatories and document demands, without objections. (Code Civ. Proc., §§ 2030.290; 2031.300.) Also, the Court should sanction Plaintiff and his counsel for failing to serve responses to said discovery. Sanctions are sought in the amount of $1,640.00 per motion. [Counsel charges $395.00 per hour].

OPPOSITION: None filed as of October 28, 2019.

ANALYSIS:

Defendant Miguel Larios Lopez’s (1) Motion For Order Compelling Plaintiff Guadalupe Calderon Zambrano To Respond to Form Interrogatories; Request for Sanctions; and (2) Motion For Order Compelling Plaintiff Guadalupe Calderon Zambrano to Respond to Request for Production of Documents; Request For Sanctions, are GRANTED.

On March 25, 2019, Defendant served Form Interrogatories and Request for Production of Documents on Plaintiff. (Motion, Alban Decl. ¶1, Exh. A.) To date, Defendant has not received any verified responses to the propounded discovery requests from Plaintiff. (Id. ¶2.)

Due to the failure to respond to the propounded discovery requests, Plaintiff is ordered to serve verified responses, without objections, to Defendant’s Form Interrogatories and Request for Production within twenty (20) days from the date of Defendant serving a notice of this Order. (See Code Civ. Proc., §§ 2030.290; 2031.300.) Monetary sanctions are also awarded under Code of Civil Procedure sections 2030.290 and 2031.300. Given the simplicity of the Motions and the lack of opposition and reply, the Court finds that sanctions are appropriate in the amount of $518.30 based on one hour of attorney time billed at $395.00 per hour, plus two filing fees of $61.65 each. (Motions, Alban Decl., ¶3.) Sanctions are to be paid within thirty (30) days from the date of Defendant serving notice of this Order.

Moving party to give notice.