Case Number: BC575718 Hearing Date: January 07, 2019 Dept: 4A

Motion to Compel Responses to Judicial Council Form Interrogatories (Set One), Special Interrogatories (Set One), and Request for Production of Documents (Set One)

The Court considered the moving papers. No opposition was filed.

On March 17, 2015, Plaintiff Angelique Carlol Wolf-Marx (“Plaintiff”) filed a Complaint against Defendant James P. Hunt and Does 1 to 50 for motor vehicle and general negligence based on an accident that occurred on April 11, 2013. On November 8, 2017, Plaintiff amended the Complaint to substitute Doe 8 for Defendant Farmers Insurance Exchange (erroneously sued as Farmers Insurance Company, Inc.).

Plaintiff requests that the Court compel Defendant Farmers Insurance Exchange (“Defendant”) to serve verified responses without objections to Plaintiff’s first sets of form interrogatories, special interrogatories, and demand for production of documents and things, served on April 20, 2018. A meet and confer letter was faxed and mailed to Defendant on November 5, 2018 allowing for 10 days to provide responses to Plaintiff’s requests. Plaintiff contends that as of the filing of the motion, Plaintiff’s counsel has not received responses.

Defendant has not opposed.

The Court finds that Plaintiff properly served discovery requests and Defendant failed to respond. The motion is therefore GRANTED.

Under CCP § 2023.030(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.” Under CCP § 2023.010, an example of the misuse of the discovery process is “(d) Failing to respond or to submit to an authorized method of discovery.”

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.” (CCP §§ 2030.290(c), 2031.300(c).)

Cal. Rules of Court, Rule 3.1348(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.”

Plaintiff’s request was properly noticed against Defendant as required under CCP §2023.040 but was not properly noticed against Defendant’s counsel.

Plaintiff requests sanctions against Defendant in the amount of $2,460.00 for all three motions. The Court finds that sanctions are warranted pursuant to CCP §§ 2030.290(c), 2031.300(c). Plaintiff’s counsel made reasonable attempts to obtain Defendant’s discovery responses before having to file a motion to compel. The responses were not served as of the date of the instant motion. Defendant has not opposed. There is no basis for a finding that Defendant acted with substantial justification, and it would not be unjust to award sanctions against a party whose failure to serve discovery responses necessitates motion practice. The Court finds that $1,380.00 ($300/hr. x 4 hrs., plus $180 in filing fees) is a reasonable amount to be imposed against Defendant.

The Court ORDERS:

Defendant Farmers Insurance Exchange is ordered (1) to serve Plaintiff verified responses without objections to Plaintiff’s Form Interrogatories, Set One, within 20 days, (2) to serve on Plaintiff verified responses without objections to Plaintiff’s Special Interrogatories, Set One, within 20 days, (3) to serve on Plaintiff verified responses without objections to Plaintiff’s Request for Production of Documents, Set One, and (4) to produce all documents and things in Defendant’s possession, custody, or control, which are responsive to Plaintiff’s request, within 20 days.

Defendant Farmers Insurance Exchange is ordered to pay to Plaintiff $1,380.00 in monetary sanctions within 30 days.

Plaintiff is ordered to give notice of this ruling.