Case Number: BC716775 Hearing Date: August 26, 2019 Dept: 4A

Motions to Compel Form Interrogatories, Special Interrogatories, and Request for Production (All Set One); Motion to Deem the Matters in Request for Admissions (Set One) as True

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

BACKGROUND

On August 14, 2018, Plaintiff Priya Soni (“Plaintiff”) filed a complaint against Defendant Alvaro Herrera (“Defendant”) alleging motor vehicle and general negligence for an automobile collision that occurred on April 18, 2017.

On June 28, 2019, Plaintiff filed motions to compel Defendant’s responses to Form Interrogatories, Special Interrogatories, and Request for Production (All Set One), and a motion to deem the truth of the matters asserted in Request for Admissions (Set One) as true pursuant to California Code of Civil Procedure sections 2030.290, 2031.300, and 2033.280.

On August 19, 2019, the Court continued the hearings on Defendant’s motions to compel and motion to deem matters admitted to August 26, 2019 at 1:30 p.m. in Department 4A at Spring Street Courthouse.

Trial is set for February 14, 2020.

PARTY’S REQUEST

Plaintiff requests the Court to compel Defendant to respond to Form Interrogatories, Special Interrogatories, and Requests for Production (All Set One) within 10 days of the hearing on these motions.

Plaintiff also requests that the Court deem the truth of the matters set forth in Plaintiff’s Requests for Admissions (Set One) against Defendant.

Plaintiff further requests that the Court impose $2,436.65 in monetary sanctions against Defendant and his counsel of record for their abuse of the discovery process.

DISCUSSION

On September 13, 2018, Plaintiff propounded Form Interrogatories, Special Interrogatories, Requests for Admission, and Requests for Production of Documents (All Set One) on Defendant by U.S. Mail. (All Four Declarations of James M. Cunningham, (“Cunningham Decl.”), ¶¶ 6-7, Exh. 2). Plaintiff has not received the outstanding responses. (Cunningham Decl., ¶ 11.)

The Court finds it must grant the motions. Defendant has not opposed the motions. There is no indication that Defendant acted with a substantial justification. There is also not indication that an imposition of monetary sanctions would be unjust.

Plaintiff requests sanctions in the amount of $2,436.65 for each of the 4 motions. (Cunningham Decl., ¶ 15.) For each motion, Plaintiff seeks sanctions for 1 hour for “September 28, 2018,” 3 hours for preparing the motion, 1 hour in reviewing the opposition, 1.5 hours for preparing a reply, and 3 hours for appearing at the hearing at a rate of $250 an hour, plus four $61.65 filing fees. (Cunningham Decl., ¶¶ 15-16.) This is unreasonable for a number of reasons. First, “September 28, 2018” makes no sense. Second, these motions are nearly duplicative. Third, no opposition or reply was filed. And fourth, the hearings are to take place in the same courthouse, in the same department, on the same day, consecutively. Rather, the Court finds $1,496.60 ($250/hr. x 5 hrs. plus four $61.65 filing fees) to be a reasonable amount of sanctions to be imposed against Defendant and Defendant’s counsel, jointly and severally, for their abuse of the discovery process.

The motions are therefore GRANTED.

Defendant is ordered to provide verified responses without objections to Plaintiff’s Form Interrogatories, Special Interrogatories, and Requests for Production of Documents (All Set One) within 30 days of this order.

The matters set forth in Plaintiff’s Requests for Admission (Set One) are deemed to be true as against Defendant.

The Court orders Defendant to pay Plaintiff a total of $1,496.60 within 30 days of this order.

Plaintiff is ordered to give notice of this ruling.