Case Number: 19STLC02487 Hearing Date: March 02, 2020 Dept: 25

MOTIONS TO COMPEL RESPONSES TO DISCOVERY AND REQUEST FOR MONETARY SANCTIONS

(CCP §§ 2030.290, 2031.300)

TENTATIVE RULING:

Defendant Natee Chaikumnerd (erroneously sued as Natee Chaikum Metra)’s Motions to Compel Discovery Responses are GRANTED. Verified responses without objections to the Form Interrogatories, Specially Prepared Interrogatories, and Demand for Identification and Production of Documents are to be served within thirty (30) days of service of notice of this order.

Defendant’s Requests for Sanctions are also GRANTED in the amount of $579.00, to be paid to Defendant within thirty (30) days of service of notice of this order.

ANALYSIS:

Background

On March 11, 2019, Plaintiff Geraldine Luiszer (“Plaintiff”) filed an action for motor vehicle negligence and general negligence against Natee Chaikumnerd (erroneously sued as Natee Chaikum Metra) (“Defendant”).

On November 19, 2019, Defendant filed the following three discovery motions: (1) Motion to Compel Responses to Form Interrogatories, Set One, and Request for Sanctions (2) Motion to Compel Responses to Specially Prepared Interrogatories, Set One, and Request for Sanctions, and (3) Motion to Compel Responses to Demand for Identification and Inspection of Documents, Set One, and Request for Sanctions (collectively, the “Motions”). On December 11, 2019, the Court continued the hearing on the Motions to January 28, 2020.

At the January 28 hearing, Defendant’s counsel represented to the Court that the parties were currently engaged in settlement negotiations. (1/28/20 Minute Order.) Pursuant to Defendant’s counsel’s request, the hearing on the instant Motions was continued to March 2, 2020. (Id.) To date, no notice of settlement or request for dismissal has been filed.

In addition, no opposition to the Motions have been filed.

Legal Standard and Discussion

A party must respond to interrogatories and requests for production of documents within 30 days after service. (Code Civ. Proc., § 2030.260, subd. (a); Code Civ. Proc., § 2031.260, subd. (a).) If a party to whom interrogatories or requests for production of documents are directed does not provide timely responses, the requesting party may move for an order compelling responses to the discovery. (Code Civ. Proc., § 2030.290, subd. (b); Code Civ. Proc., § 2031.300, subd. (c).) The party also waives the right to make any objections, including one based on privilege or work-product protection. (Code Civ. Proc., § 2030.290, subd. (a); Code Civ. Proc., § 2031.300, subd. (a).) There is no time limit for a motion to compel responses to interrogatories or production of documents other than the cut-off on hearing discovery motions 15 days before trial. (Code Civ. Proc., §§ 2024.020, subd. (a), 2030.290; Code Civ. Proc., § 2031.300.) No meet and confer efforts are required before filing a motion to compel responses to the discovery. (Code Civ. Proc., § 2030.290; Code Civ. Proc., § 2031.300; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 411.)

Here, Defendant’s Motions are timely as they were filed before the August 24, 2020 cutoff for discovery motions. On July 31, 2019, Defendant served Form Interrogatories, Specially Prepared Interrogatories, and Demand for Identification and Inspection of Documents on Plaintiff by mail. (Motions, Rickett Decl., ¶ 2, Exh. A.) Plaintiff did not respond to Defendant’s discovery requests. (Id., ¶ 5.) Thus, Defendant is entitled to an order compelling Plaintiff to serve responses without objections. (Code Civ. Proc., §§ 2030.290; Code Civ. Proc., § 2031.300.)

In addition, Code of Civil Procedure section 2023.030, subdivision (a) provides, in pertinent part, that the court may impose a monetary sanction on a party engaging in the misuse of the discovery process to pay the reasonable expenses, including attorney’s fees, incurred by anyone as a result of that conduct. A misuse of the discovery process includes failing to respond or submit to an authorized method of discovery. (Code Civ. Proc., § 2023.010, subd. (d).)

The Court finds that Plaintiff’s failure to respond to Defendant’s Form Interrogatories, Specially Prepared Interrogatories, and Demand for Identification and Production of Documents a misuse of the discovery process.

Defendant’s counsel requests a total of $1,776.00 in sanctions, which includes $1,596.00 for 12 hours of attorney time billed at $133.00 per hour and a $60.00 filing fee for each of the three motions. (Motions, Rickett Decl., ¶ 4.) However, the amount sought is excessive given the simplicity of these nearly identical Motions and the lack of opposition and reply. Defendant’s Requests for Sanctions are GRANTED in the amount of $579.00 based on three hours of attorney time and three filing fees of $60.00.

Conclusion & Order

For the foregoing reasons, Defendant Natee Chaikumnerd (erroneously sued as Natee Chaikum Metra)’s Motions to Compel Discovery Responses are GRANTED. Verified responses without objections to the Form Interrogatories, Specially Prepared Interrogatories, and Demand for Identification and Production of Documents are to be served within thirty (30) days of service of notice of this order.

Defendant’s Requests for Sanctions are also GRANTED in the amount of $579.00, to be paid to Defendant within thirty (30) days of service of notice of this order.

Moving party is ordered to give notice.