CORNELIUS CASEY VS SCOTT DENNINGTON

Tentative Rulings

Case Number: 19STLC11741    Hearing Date: January 05, 2021    Dept: 25

HEARING DATE: Tue., January 5, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: Casey v. Dennington COMP. FILED: 12-27-19

CASE NUMBER: 19STLC11741 DISC. C/O: 05-26-21

PROCEEDINGS: (1) MOTION FOR ORDER COMPELLING PLAINTIFF TO ANSWER SPECIAL INTERROGATORIES, SET ONE, AND PAY COSTS AND SANCTIONS

(2) MOTION FOR ORDER COMPELLING PLAINTIFF TO RESPOND TO DEMAND FOR PRODUCTION OF DOCUMENTS, SET ONE, AND PAY COSTS AND SANCTIONS

MOVING PARTY: Defendant Scott Dennington

RESP. PARTY: None

MOTION TO COMPEL RESPONSES TO INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS; REQUEST FOR SANCTIONS

(CCP §§ 2030.290, 2031.300)

TENTATIVE RULING:

Defendant Scott Dennington’s unopposed Motions are GRANTED. Plaintiff is ordered to provide verified responses without objections to Special Interrogatories, Set One, and Demand for Inspection and Production of Documents, Set One, within thirty (30) days of notice of this order. Defendant’s requests for sanctions are also GRANTED in the amount of $538.00 to be paid within thirty (30) days of notice of this order.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of December 31, 2020 [ ] Late [X] None

REPLY: None filed as of December 31, 2020 [ ] Late [X] None

ANALYSIS:

1. Background

On December 27, 2019, Plaintiff Cornelius Casey (“Plaintiff”) filed an action for motor vehicle negligence against Defendant Scott Dennington (“Defendant”). Defendant filed his Answer on March 2, 2020.

On July 6, 2020, Defendant filed the instant (1) Motion for Order Compelling Plaintiff to Answer Special Interrogatories, Set One, and Pay Costs and Sanctions and (2) Motion for Order Compelling Plaintiff to Respond to Demand for Production, Set One, and Pay Costs and Sanctions (collectively, the “Motions”). To date, no oppositions have been filed.

1. Legal Standard & Discussion

1. Request for Production and Special Interrogatories

A party must respond to interrogatories and requests for production of documents within 30 days after service. (Code Civ. Proc., § 2030.260, subd. (a); Code Civ. Proc., § 2031.260, subd. (a).) If a party to whom interrogatories or requests for production of documents are directed does not provide timely responses, the requesting party may move for an order compelling responses to the discovery. (Code Civ. Proc., § 2030.290, subd. (b); Code Civ. Proc., § 2031.300, subd. (c).) The party also waives the right to make any objections, including one based on privilege or work-product protection. (Code Civ. Proc., § 2030.290, subd. (a); Code Civ. Proc., § 2031.300, subd. (a).) There is no time limit for a motion to compel responses to interrogatories or production of documents other than the cut-off on hearing discovery motions 15 days before trial. (Code Civ. Proc., §§ 2024.020, subd. (a), 2030.290; Code Civ. Proc., § 2031.300.) No meet and confer efforts are required before filing a motion to compel responses to the discovery. (Code Civ. Proc., § 2030.290; Code Civ. Proc., § 2031.300; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 411.)

Here, Defendant’s counsel served Plaintiff with Special Interrogatories, Set One, and Demand for Inspection and Production of Documents, Set One, on February 28, 2020 via regular mail. (Motions, Miller Decl., ¶¶ 2, Exhs. A.) Although not statutorily required, Defendant’s counsel attempted to meet and confer with Plaintiff’s counsel on April 29, 2020, May 18, 2020, and June 10, 2020, regarding the lack of discovery responses without success. (Id. at ¶¶ 3-5.) As of the date of this Motion, Plaintiff has not provided any responses to the discovery. (Id. at ¶ 6.) Thus, Defendant is entitled to an order compelling Plaintiff to provide verified responses without objections. (Code Civ. Proc., §§ 2030.290, 2031.300.)

1. Sanctions

Code of Civil Procedure section 2023.030, subdivision (a) provides, in pertinent part, that the court may impose a monetary sanction on a party engaging in the misuse of the discovery process to pay the reasonable expenses, including attorney’s fees, incurred by anyone as a result of that conduct. A misuse of the discovery process includes failing to respond or submit to an authorized method of discovery. (Code Civ. Proc., § 2023.010, subd. (d).)

The Court finds Plaintiff’s failure to respond to Defendant’s discovery requests a misuse of the discovery process.

Defendant’s counsel seeks a total of $2,138.00 in sanctions, based on 10 hours of attorney time billed at $200.00 per hour and two filing fees of $69.00. (Motions, Miller Decl., ¶ 7.) However, the amount sought is excessive given the simplicity of the Motions and the lack of opposition and reply. The Court finds $538.00, based on two hours of attorney time and costs of $138.00, to be reasonable. Plaintiff is ordered to pay sanctions within thirty (30) days of notice of this order.

1. Conclusion & Order

For the foregoing reasons, Defendant Scott Dennington’s unopposed Motions are GRANTED. Plaintiff is ordered to provide verified responses without objections to Special Interrogatories, Set One, and Demand for Inspection and Production of Documents, Set One, within thirty (30) days of notice of this order. Defendant’s requests for sanctions are also GRANTED in the amount of $538.00 to be paid within thirty (30) days of notice of this order.

Moving party is ordered to give notice.

Case Number: 19STLC11741    Hearing Date: January 04, 2021    Dept: 25

HEARING DATE: Mon., January 4, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: Casey v. Dennington COMP. FILED: 12-27-19

CASE NUMBER: 19STLC11741 DISC. C/O: 05-26-21

PROCEEDINGS: MOTION FOR ORDER COMPELLING PLAINTIFF TO ANSWER FORM INTERROGATORIES, SET ONE, AND PAY COSTS AND SANCTIONS

MOVING PARTY: Defendant Scott Dennington

RESP. PARTY: None

MOTION TO COMPEL RESPONSES TO INTERROGATORIES; REQUEST FOR SANCTIONS

(CCP § 2030.290)

TENTATIVE RULING:

Defendant Scott Dennington’s Motion for Order Compelling Plaintiff to Answer Form Interrogatories, Set One, is GRANTED. Plaintiff is ordered to provide verified responses without objections to the discovery within thirty (30) days’ notice of this order. Defendant’s request for sanctions is also GRANTED in the amount of $269.00 to be paid within thirty (30) days’ notice of this order.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of December 30, 2020 [ ] Late [X] None

REPLY: None filed as of December 30, 2020 [ ] Late [X] None

ANALYSIS:

1. Background

On December 27, 2019, Plaintiff Cornelius Casey (“Plaintiff”) filed an action for motor vehicle negligence against Defendant Scott Dennington (“Defendant”). Defendant filed his Answer on March 2, 2020.

On July 6, 2020, Defendant filed the instant Motion for Order Compelling Plaintiff to Answer Form Interrogatories, Set One, and Pay Costs and Sanctions (the “Motion”). To date, no opposition has been filed.

1. Legal Standard & Discussion

1. Form Interrogatories

A party must respond to interrogatories within 30 days after service. (Code Civ. Proc., § 2030.260, subd. (a).) If a party to whom interrogatories are directed does not provide timely responses, the requesting party may move for an order compelling responses to the discovery. (Code Civ. Proc., § 2030.290, subd. (b).) The party also waives the right to make any objections, including one based on privilege or work-product protection. (Code Civ. Proc., § 2030.290, subd. (a).) There is no time limit for a motion to compel responses to interrogatories other than the cut-off on hearing discovery motions 15 days before trial. (Code Civ. Proc., § 2024.020, subd. (a); Code Civ. Proc., 2030.290.) No meet and confer efforts are required before filing a motion to compel responses to the discovery. (Code Civ. Proc., § 2030.290; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 411.)

Here, Defendant’s counsel served Plaintiff with Form Interrogatories, Set One, on February 28, 2020 via regular mail. (Mot., Miller Decl., ¶ 2, Exh. A.) Although not statutorily required, Defendant’s counsel attempted to meet and confer with Plaintiff’s counsel on April 29, 2020, May 18, 2020, and June 10, 2020, without success. (Id. at ¶¶ 3-5.) As of the date of this Motion, Plaintiff has not provided any responses to the Form Interrogatories. (Id. at ¶ 6.) Thus, Defendant is entitled to an order compelling Plaintiff to provide verified responses without objections. (Code Civ. Proc., § 2030.290.)

1. Sanctions

Code of Civil Procedure section 2023.030, subdivision (a) provides, in pertinent part, that the court may impose a monetary sanction on a party engaging in the misuse of the discovery process to pay the reasonable expenses, including attorney’s fees, incurred by anyone as a result of that conduct. A misuse of the discovery process includes failing to respond or submit to an authorized method of discovery. (Code Civ. Proc., § 2023.010, subd. (d).)

The Court finds Plaintiff’s failure to respond to Defendant’s discovery requests a misuse of the discovery process.

Defendant’s counsel seeks a total of $1,060.00 in sanctions, based on 5 hours of attorney time billed at $200.00 per hour and costs of $69.00 incurred in filing this Motion. (Mot., Miller Decl., ¶ 7.) However, the amount sought is excessive given the simplicity of this Motion and the lack of opposition and reply. The Court finds $269.00, based on one hour of attorney time and costs of $69.00, to be reasonable. Plaintiff is ordered to pay sanctions within thirty (30) days of notice of this order.

1. Conclusion & Order

For the foregoing reasons, Defendant Scott Dennington’s Motion for Order Compelling Plaintiff to Answer Form Interrogatories, Set One, is GRANTED. Plaintiff is ordered to provide verified responses without objections to the discovery within thirty (30) days’ notice of this order. Defendant’s request for sanctions is also GRANTED in the amount of $269.00 to be paid within thirty (30) days’ notice of this order.

Moving party is ordered to give notice.