Case Number: 19STLC00900 Hearing Date: January 22, 2020 Dept: 26

Ho v. Choo, et al.

MOTION TO COMPEL RESPONSES TO REQUEST FOR PRODUCTION

AND REQUEST FOR SANCTIONS

(CCP § 2031.330)

TENTATIVE RULING:

Plaintiff Bruce Ngoun Ho’s Motion To Compel Defendant Chang Hyo Choo’s Compliance with Request For Production For Documents, Set One is GRANTED. RESPONSES ARE TO BE SERVED WITHIN 20 DAYS’ NOTICE OF THIS ORDER.

SANCTIONS ARE GRANTED JOINTLY AND SEVERALLY AGAINST DEFENDANT AND COUNSEL OF RECORD IN THE AMOUNT OF $760.00. SANCTIONS ARE TO BE PAID WITHIN 30 DAYS’ NOTICE OF THIS ORDER.

ANALYSIS:

Plaintiff Bruce Ngoun Ho (“Plaintiff”) propounded Request for Production ,Set One on Defendant Chang Hyo Choo (“Defendant”) on March 20, 2019 by mail. (Motion, Dunham Decl., ¶3 and Exh. A.) Following Defendant’s failure to timely serve responses, Plaintiff’s counsel sent a meet and confer letter on May 24, 2019. (Id. at Exh. B.) On June 7, 2019, Defendant served responses to the request for production. (Id. at Exh. C.) On August 27, 2019, Plaintiff filed the instant Motion to Compel Compliance Regarding Request for Production, Set One. To date, no opposition has been filed.

There is no requirement for a prior meet and confer effort before a motion to compel compliance can be filed. (Code Civ. Proc., § 2031.320.) Further, the motion can be brought any time after the responding party fails to provide the responses. (Code Civ. Proc., § 2031.320.) The Motion is brought specifically as to Request for Production, Item No. 5, which requested production of “any and all driver’s licenses of Defendant Chang Hyo Coo as of April 8, 2018.” (Motion, Dunham Decl., Exh. C, p. 3:15-18.) Defendant responded that would comply by providing his driver’s license at the time of deposition. (Ibid.) To date, however, Defendant has not produced the documents in question. (Id. at ¶6.) PLAINTIFF’S MOTION TO COMPEL COMPLIANCE WITH REQUEST FOR PRODUCTION FO DOCUMENTS, SET ONE IS GRANTED. RESPONSES ARE TO BE SERVED WITHIN 20 DAYS’ NOTICE OF THIS ORDER.

The Court also finds Defendant’s failure to comply is 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 sought is excessive given the simplicity of this unopposed motion. THE REQUEST FOR SANCTIONS IS GRANTED JOINTLY AND SEVERALLY AGAINST DEFENDANT AND HIS COUNSEL OF RECORD IN THE AMOUNT OF $760.00 BASED ON TWO HOURS OF ATTORNEY TIME BILLED AT $350.00 AND THE $60.00 FILING FEE. (MOTION, DUNHAM DECL., ¶7.) SANCTIONS ARE TO BE PAID WITHIN 30 DAYS THIS ORDER.

Moving party to give notice.