Case Number: 19STLC00773 Hearing Date: March 02, 2020 Dept: 25

MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES; MOTION TO DEEM REQUEST FOR ADMISSIONS ADMITTED; REQUEST FOR SANCTIONS

(CCP §§ 2030.290; 2033.280)

TENTATIVE RULING:

Plaintiff Harco National Insurance Company’s (1) Motion to Compel Answers to Form Interrogatories, Set One, and (2) Motion to Deem Admitted Request for Admissions, Set One, are GRANTED. Defendant Gabriela Parra is ordered to serve responses without objections to Form Interrogatories, Set One, within thirty (30) days of service of notice of this order.

Plaintiff’s requests for sanctions are also GRANTED in the reduced amount of $305.00 to be paid within thirty (30) days of service of notice of this order.

ANALYSIS:

Background

On January 25, 2019, Plaintiff Harco National Insurance Company (“Plaintiff”) filed an action for subrogation against Defendants Gabriela Parra (“Gabriela”) and Antonio Parra (“Antonio”) (collectively, “Defendants”). On March 4, 2019, Defendants each filed an Answer in pro per.

On December 16, 2019, Plaintiff filed the instant Motion to Compel Answers to Form Interrogatories Served on Gabriela Parra and Request for Sanctions (the “Interrogatories Motion”) and Motion to Deem Admitted the First Set of Request for Admissions Served on Gabriela Parra and Request for Sanctions (the “RFA Motion”) (collectively, the “Motions”). To date, no opposition or reply briefs have been filed.

Legal Standard & Discussion

A. Form Interrogatories

A party must respond to interrogatories within 30 days after service. (Code Civ. Proc., § 2030.260, subd. (a).) If a party to whom interrogatories 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).) 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).) There is no time limit for a motion to compel responses to interrogatories other than the cut-off on hearing discovery motions 15 days before trial. (Code Civ. Proc., § 2024.020, subd. (a); Code Civ. Proc., 2030.290.) No meet and confer efforts are required before filing a motion to compel responses to the discovery. (Code Civ. Proc., § 2030.290; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 411.)

Here, Plaintiff served Defendant Gabriela with Form Interrogatories, Set One, on August 12, 2019, by mail. (Interrogatories Mot., Tapper Decl., ¶ 2, Exh. A.) On November 4, 2019, Plaintiff’s counsel sent a letter to Defendant Gabriela regarding her lack of responses. (Id. at ¶ 4, Exh. B.) To date, Plaintiff has not received responses to the Form Interrogatories. (Id. at ¶ 5.) Thus, Plaintiff is entitled to an order compelling Defendant Gabriela to serve responses without objections. (Code Civ. Proc., §§ 2030.290.)

B. Request for Admissions

A party must respond to requests for admissions within 30 days after service of such requests. (Code Civ. Proc., § 2033.250, subd. (a).) “If a party to whom requests for admission are directed fails to serve a timely response…(a) [that party] waives any objection to the requests, including one based on privilege or on the protection for work product…” (Code Civ. Proc., § 2033.280, subd. (a).) “The requesting party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction under Chapter 7.” (Id. at subd. (b).) A motion dealing with the failure to respond, rather than with inadequate responses, does not require the requesting party to meet and confer with the responding party. (Deymer v. Costa Mesa Mobile Home Estates (1995) 36 Cal.App.4th 393, 395, fn. 4 [disapproved on other grounds in Wilcox v. Birtwhistle (1999) 21 Cal.4th 973]. There is no time limit within which a motion to have matters deemed admitted must be made. (Brigante v. Huang (1993) 20 Cal.App.4th 1569, 1585.)

Here, Plaintiff served Defendant Gabriela with Request for Admissions, Set One, on August 12, 2019, by mail. (RFA Mot., Tapper Decl., ¶ 2, Exh. A.) On November 4, 2019, Plaintiff’s counsel sent a letter to Defendant Gabriela regarding the lack of responses to the Request for Admissions. (Id. at ¶ 3, Exh. B.) To date, Plaintiff has not received responses to the discovery request. (Id. at ¶ 3.) Thus, Plaintiff is entitled to an order deeming the Requests for Admission, Set One, admitted against Defendant Gabriela. (Code Civ. Proc., § 2033.280.)

C. Sanctions

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 to submit to an authorized method of discovery. (Code Civ. Proc., § 2023.010, subd. (d).) Furthermore, it is “mandatory that the Court impose a monetary sanction…on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion.” (Code Civ. Proc., § 2033.280, subd. (c).)

The Court finds Defendant Gabriela’s failure to respond to Plaintiff’s Form Interrogatories, Set One, and Request for Admissions, Set One, a misuse of the discovery process. In addition, the Court is required to impose a monetary sanction for failing to respond to Plaintiff’s Requests for Admissions under Code of Civil Procedure section 2033.280, subdivision (c).

Plaintiff’s counsel requests a total of $2,330.00 in sanctions, which includes ten (10) hours of attorney time billed at $225.00 per hour and two filing fees of $40.00. (Interrogatories Mot., ¶ 6; RFA Mot., ¶ 4.) However, the amount sought is excessive given the simplicity of these nearly identical Motions and the lack of opposition and reply. Plaintiff’s requests for sanctions are GRANTED in the reduced amount of $305.00 based on one hour of attorney time and two filing fees of $40.00 each. Defendant Gabriela is ordered to pay sanctions within thirty (30) days of service of notice of this order.

Conclusion & Order

For the
foregoing reasons, Plaintiff Harco National Insurance Company’s (1) Motion to
Compel Answers to Form Interrogatories, Set One, and (2) Motion to Deem
Admitted Request for Admissions, Set One, are GRANTED. Defendant Gabriela is
ordered to serve responses without objections to Form Interrogatories, Set One,
within thirty (30) days of service of notice of this order.

Plaintiff’s
requests for sanctions are also GRANTED in the reduced amount of $305.00 to be
paid within thirty (30) days of service of notice of this order.

Moving party is ordered to give notice.