Lawzilla Additional Information: no final order was made

Case Number: BC697589 Hearing Date: October 09, 2019 Dept: 4A

Motions to Compel Responses to Form Interrogatories, Special Interrogatories, and Request for Production (All Set One)

Having considered the moving papers, the Court rules as follows. No opposing papers were filed.

BACKGROUND

On March 12, 2018, Plaintiff Nita Loggins (“Plaintiff”) filed a complaint against Defendants City of Los Angeles and Fredy E. Salazar alleging premises liability and negligence for a trip-and-fall that occurred on August 29, 2017.

On August 8, 2018, Defendant City of Los Angeles filed a cross-complaint against Roes 1-20 seeking indemnification, apportionment of fault, and declaratory relief.

On September 11, 2019, Defendant Fredy E. Salazar filed motions to compel Plaintiff to provide verified responses without objections to Form Interrogatories, Special Interrogatories, and Request for Production (All Set One) pursuant to California Code of Civil Procedure sections 2030.290, subdivision (b), and 2031.300, subdivision (b).

Trial is set for January 23, 2020.

PARTY’S REQUESTS

Defendant Fredy E. Salazar (“Moving Defendant”) asks the Court to compel Plaintiff to provide verified responses without objections to Form Interrogatories, Special Interrogatories, and Request for Production (All Set One) within 10 days due to Plaintiff’s failure to provide timely responses.

Moving Defendant also asks the Court to impose $1,329.45 in monetary sanctions against Plaintiff and her counsel of record for their abuse of the discovery process.

LEGAL STANDARD

If a party to whom interrogatories are directed fails to serve a timely response, the propounding party may move for an order compelling responses and for a monetary sanction. (Code Civ. Proc. § 2030.290, subd. (b).) The statute contains no time limit for a motion to compel where no responses have been served. All that need be shown in the moving papers is that a set of interrogatories was properly served on the opposing party, that the time to respond has expired, and that no response of any kind has been served. (Leach v. Superior Court (1980) 111 Cal.App.3d 902, 905-906.)

Where there has been no timely response to a demand for the production of documents, the demanding party may seek an order compelling a response. (Code Civ. Proc. § 2031.300, subd. (b).) Failure to timely respond waives all objections, including privilege and work product. (Code Civ. Proc. § 2031.300, subd. (a).) Thus, unless the party to whom the demand was directed obtains relief from waiver, he or she cannot raise objections to the documents demanded. There is no deadline for a motion to compel responses. Likewise, for failure to respond, the moving party need not attempt to resolve the matter outside court before filing the motion.

Under California Code of Civil Procedure section 2023.030, subd. (a), “[t]he court may impose a monetary sanction ordering that one engaging in the misuse of the discovery process, or any attorney advising that conduct, or both pay the reasonable expenses, including attorney’s fees, incurred by anyone as a result of that conduct. . . . If a monetary sanction is authorized by any provision of this title, the court shall impose that sanction unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.” Failing to respond or to submit to an authorized method of discovery is a misuse of the discovery process. (Code of Civ. Proc. § 2023.010, subd. (d).)

Sanctions are mandatory in connection with motions to compel responses to interrogatories and requests for production of documents against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel unless the court “finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.” (Code Civ. Proc. §§ 2030.290, subd. (c), 2031.300, subd. (c).)

California Rules of Court, rule 3.1348, subdivision (a) states: “The court may award sanctions under the Discovery Act in favor of a party who files a motion to compel discovery, even though no opposition to the motion was filed, or opposition to the motion was withdrawn, or the requested discovery was provided to the moving party after the motion was filed.”

DISCUSSION

On April 16, 2019, Moving Defendant served Form Interrogatories, Special Interrogatories, and Request for Production (All Set One) on Plaintiff by U.S. Mail. (All Three Declarations of Maria H. Skinner (“Skinner Decl.”), ¶ 2, Exh. A.) Defendant had not received responses as of the time that Maria H. Skinner signed her declarations on September 6, 2019. (Skinner Decl., ¶ 4.)

The Court finds the motion must be granted due to Plaintiff’s failure to provide timely responses to Moving Defendant’s written discovery. Plaintiff has not opposed these motions. There are no facts presented to the Court showing Plaintiff acted with substantial justification. There are no circumstances present that would make the imposition of sanctions unjust.

Moving Party’s request for $1,329.45 in monetary sanctions consists of 3 hours in preparing the motions and 3 hours in appearing at the hearings at a rate of $143.75 an hour, plus three $61.65 filing fees and three $94 Court Call fees. (Skinner Decl., ¶¶ 5-6.) The Court finds this amount to be unreasonable because the request for Court Call fees shows appearance is planned to be made telephonically. As such, the hearings will only take approximately an hour. Further, only one Court Call fee is necessary to appear for all three hearings. The Court finds $853.85 ($143.75/hr. x 4 hrs. plus three $61.65 filing fees plus one $94 Court Call fee) to be a reasonable amount of sanctions to be imposed against Plaintiff and Plaintiff’s counsel of record, jointly and severally, for their abuse of the discovery process.

The motions are therefore GRANTED.

Plaintiff is ordered to serve verified responses without objections to Moving Defendant’s Form Interrogatories, Special Interrogatories, and Request for Production (All Set One) within 20 days of this order.

Plaintiff and Plaintiff’s counsel of record are ordered to pay Moving Defendant $853.85, jointly and severally, within 30 days of the hearing on this motion.

Moving Defendant is ordered to give notice of this ruling.