ALLSTATE NORTHBROOK INDEMNITY COMPANY VS BOUNTY CO., LLC

Tentative Rulings

Case Number: 18STLC08646    Hearing Date: February 13, 2020    Dept: 26

Allstate Northbrook Indemnity Co. v. Bounty, Co., LLC dba Exxel Auto, Inc., et al.

MOTION TO COMPEL RESPONSES TO REQUEST FOR PRODUCTION

AND REQUEST FOR SANCTIONS

(CCP § 2031.300)

TENTATIVE RULING:

Plaintiff Allstate Northbrook Indemnity Company’s Motion to Compel Responses to Requests for Production and Request for Sanctions IS GRANTED. DEFENDANT BOUNTY, CO., LLC DBA EXXEL AUTO, INC. TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION WITHIN 20 DAYS’ NOTICE OF THIS ORDER. DEFENDANT BOUNTY, CO., LLC DBA EXXEL AUTO, INC. AND ITS COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY TO PAY SANCTIONS OF $310.00 TO PLAINTIFF’S COUNSEL WITHIN 30 DAYS’ NOTICE OF THIS ORDER.

ANALYSIS:

Plaintiff Allstate Northbrook Indemnity Company (“Plaintiff”) propounded Requests for Production, Set One on Defendant Bounty, Co., LLC dba Exxel Auto, Inc. (“Defendant”) on December 12, 2018. (Motion, Machen Decl., ¶3 and Exh. A.) Despite numerous extensions of the time to respond, Defendant has not served responses to date. (Id. at ¶¶4-15.) On November 21, 2019, Plaintiff filed the instant Motion to Compel Responses to the Request for Production by Defendant and Request for Sanctions (“the Motion”). To date, no opposition has been filed.

There is no requirement for a prior meet and confer effort before a motion to compel initial responses can be filed. (Code Civ. Proc., § 2031.300.) Further, the motion can be brought any time after the responding party fails to provide the responses. (Code Civ. Proc., § 2031.300.) In light of Defendant’s failure to provide responses, Plaintiff is entitled to an order that Defendant serve verified responses, without objection, to the Requests for Production.

The Court also finds Defendant’s failure to timely respond 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 motion. The request for sanctions is granted jointly and severally against Defendant and its counsel of record in the amount of $310.00 based on one hour of attorney time billed at $250.00 and the $60.00 filing fee. (Motion, Machen Decl., ¶17.)

Therefore, Plaintiff Allstate Northbrook Indemnity Company’s Motion To Compel Responses To Requests For Production and Request For Sanctions is GRANTED. DEFENDANT BOUNTY, CO., LLC DBA EXXEL AUTO, INC. TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION WITHIN 20 DAYS’ NOTICE OF THIS ORDER. DEFENDANT BOUNTY, CO., LLC DBA EXXEL AUTO, INC. AND ITS COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY TO PAY SANCTIONS OF $310.00 TO PLAINTIFF’S COUNSEL WITHIN 30 DAYS’ NOTICE OF THIS ORDER.

Moving party to give notice.