Case Number: 18STLC01828 Hearing Date: November 20, 2019 Dept: 94

Garcia v. Izarraraz et al.

MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES, REQUESTS FOR PRODUCTION OF DOCUMENTS, SUPPLEMENTAL INTERROGATORIES, AND SUPPLEMENTAL REQUESTS FOR PRODUCTION OF DOCUMENTS

(CCP §§ 2030.290; 2031.300)

TENTATIVE RULING:

Defendant Andy Garcia’s (1) Motion to Compel Plaintiff Jose Garcia to Provide Responses to Form Interrogatories, Set One; Request for Monetary Sanctions; (2) Motion to Compel Plaintiff Jose Garcia to Provide Responses to Requests for Production of Documents, Set One; Request for Monetary Sanctions; (3) Motion to Compel Plaintiff Jose Garcia to Provide Responses to Supplemental Interrogatories, Set One; Request for Monetary Sanctions; and (4) Motion to Compel Plaintiff Jose Garcia to Provide Responses to Supplemental Requests for Production of Documents, Set One; Request for Monetary Sanctions are GRANTED. VERIFIED RESPONSES WITHOUT OBJECTIONS TO THE FORM INTERROGATORIES, REQUESTS FOR PRODUCTION OF DOCUMENTS, SUPPLEMENTAL INTERROGATORIES, AND SUPPLEMENTAL REQUESTS FOR PRODUCTION OF DOCUMENTS ARE TO BE SERVED WITHIN 20 DAYS.

SANCTIONS ARE AWARDED AGAINST PLAINTIFF JOSE GARCIA AND HIS COUNSEL, JOINTLY AND SEVERALLY, IN THE AMOUNT OF $840, TO BE PAID TO DEFENDANT ANDY GARCIA, BY AND THROUGH HIS COUNSEL, WITHIN 30 DAYS.

ANALYSIS:

Procedural History

Plaintiff Jose Garcia (“Plaintiff”) filed the instant action for motor vehicle negligence against Defendants Luis Izarraraz, Alfonso Izarraraz, and Andy Garcia on February 2, 2018.

On July 5, 2018, Luis Izarraraz and Alfonso Izarraraz filed a cross-complaint for indemnity against defendant Andy Garcia (“Defendant”).

On September 14, 2018, Defendant filed a cross-complaint for indemnity against Luis Izarraraz and Alfonso Izarraraz.

Defendant filed the instant discovery motions on October 2, 2019. To date, no oppositions have been filed.

Motions to Compel Responses to Form Interrogatories, Set One and Request for Production of Documents, Set One and Motions to Compel Responses to Supplemental Interrogatories, Set One and Request for Production of Documents, Set One

Defendant served form interrogatories and requests for production of documents on Plaintiff on October 18, 2018. (Motions to Compel Form Interrogatories and Request for Production of Documents, Biesty Decl., ¶ 3, Exh. A, B.) To date, Plaintiff has not provided any verified responses to the Form Interrogatories, Set One or the Request for Production of Documents, Set One. (Id. at ¶ 4-5.) Subsequently, Defendant served supplemental interrogatories and requests for production of documents on Plaintiff on May 24, 2019. (Motions to Compel Supplemental Interrogatories and Request for Production of Documents, Biesty Decl., ¶ 3, Exh. A, B.) To date, Plaintiff has not provided any verified responses to the Supplemental Interrogatories, Set One or the Request for Production of Documents, Set One. (Id. at ¶¶ 4-5.)

There is no requirement for a prior meet and confer effort before a motion to compel initial responses can be filed. Further, the motion can be brought any time after the responding party fails to provide the responses. Based on the foregoing, Defendant Andy Garcia is entitled to an order that Plaintiff serve verified responses to both the initial and supplemental interrogatories and document demands, without objections. (Code Civ. Proc., §§ 2030.290, 2031.300.) The responses are due within 20 days.

The Court also finds that Plaintiff’s failure to respond to Defendant’s written discovery requests are a misuse of the discovery process. (Code Civ. Proc., § 2023.010, subd. (d).) Sanctions have been sufficiently noticed against Plaintiff and Plaintiff’s attorneys; however, the amount requested is excessive given the simplicity of these nearly identical motions. Plaintiff and Plaintiff’s counsel, jointly and severally, are ordered to pay sanctions in the amount of $840, based on three (3) hours of attorney time billed at $200 an hour, plus four filing fees of $60.00 each, within 30 days. (Motions, Biesty Decl., ¶¶ 4-5.)

Moving party to give notice.