Case Number: 19STLC09413 Hearing Date: March 09, 2020 Dept: 26

Scott J. Spolin, a Law Corporation v. Baronhr, LLC, et al.

MOTION TO COMPEL RESPONSES TO INTERROGATORIES

AND REQUEST FOR SANCTIONS

(CCP § 2030.290)

TENTATIVE RULING:

Plaintiff Scott J. Spolin, a Law Corporation’s Motion Compelling Defendant BaronHR, LLC to Respond To Form Interrogatories, Set One, is GRANTED. DEFENDANT IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION TO THE DISCOVERY REQUESTS WITHIN 20 DAYS’ NOTICE OF THIS ORDER. THE COURT FURTHER ORDERS THAT DEFENDANT AND ITS COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY TO PAY SANCTIONS OF $585.00 TO PLAINTIFF’S COUNSEL WITHIN 30 DAYS’ NOTICE OF THIS ORDER.

ANALYSIS:

Only October 10, 2019, Plaintiff Scott J. Spolin, A Law Corporation (“Plaintiff”) filed the instant action for breach of retainer agreement and related claims against Defendant BaronHR, LLC (“Defendant”). Defendant filed its Answer through its counsel of record, Eric M. Welch, Esq. On January 23, 2020, Plaintiff filed the instant Motion to Compel Responses to Form Interrogatories and Request for Sanctions (“Motion”). However, the Motion was served on James D. Hepworth, who is not defense counsel of record. Plaintiff is admonished to ensure that all notice of Court proceedings is provided to Defendant’s counsel of record. That being said, because Defendant has filed a Notice of Non-Opposition to the Motion through its counsel of record on February 27, 2020, the Court finds any irregularity in notice was waived.

Plaintiff served form interrogatories on Defendant on November 21, 2019. (Motion, Salomons Decl., ¶2 and Exh. A.) At the time this Motion was filed, Defendant had not served verified responses to the interrogatories propounded by Plaintiff. (Id. at ¶¶3-7.) 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.

To the extent Defendant contends it served verified responses to the interrogatories on February 25, 2020, no evidence such as a declaration or an authenticated copy of the responses themselves, has been submitted to the Court. Therefore, the Court declines to find the Motion moot. Plaintiff is entitled to an order that Defendant serve verified responses to the Form Interrogatories, Set One, without objections. The responses are due within 20 days’ notice of this order.

The court also finds Defendant’s failure to respond a misuse of the discovery process. (Code Civ. Proc., § 2023.010, subd. (d).) Sanctions are appropriate under Code of Civil Procedure sections 2023.010 and 2023.030 and have been properly noticed. However, the amount requested is excessive in light of the simplicity of this Motion. The request for sanctions is granted against Defendant in the amount of $585.00 based on one hours of attorney time billed at $525.00 per hour. (Motion, Salomons Decl., ¶8.) The sanctions are to be paid within 30 days’ notice of this order.

Plaintiff Scott J. Spolin, a Law Corporation’s Motion Compelling Defendant BaronHR, LLC to Respond To Form Interrogatories, Set One, is GRANTED. DEFENDANT IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION TO THE DISCOVERY REQUESTS WITHIN 20 DAYS’ NOTICE OF THIS ORDER. THE COURT FURTHER ORDERS THAT DEFENDANT AND ITS COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY TO PAY SANCTIONS OF $585.00 TO PLAINTIFF’S COUNSEL WITHIN 30 DAYS’ NOTICE OF THIS ORDER.

Moving party to give notice.