KIMISHA GILL VS PAIGE SHANNON, ET AL.

Tentative Rulings

Case Number: 19STLC05899    Hearing Date: February 08, 2021    Dept: 26

Gill v. Shannon, et al.

MOTION TO COMPEL RESPONSES TO INTERROGATORIES AND REQUEST FOR PRODUCTION; REQUEST FOR SANCTIONS

(CCP §§ 2030.290, 2031.300)

TENTATIVE RULING:

Defendant Paige Shannon’s (1) Motion Compelling Plaintiff Kimisha Gill to Respond to Form Interrogatories, Set One and for Monetary Sanctions; (2) Motion Compelling Plaintiff Kimisha Gill to Respond to Special Interrogatories, Set One and for Monetary Sanctions; and (2) Motion Compelling Plaintiff Kimisha Gill to Respond to Request for Production, Set One and for Monetary Sanctions are GRANTED. PLAINTIFF IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTIONS WITHIN 20 DAYS’ SERVICE OF THIS ORDER. PLAINTIFF IS ORDERED TO PAY SANCTIONS OF $705.00 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

Defendant Paige Shannon (“Defendant Paige”) propounded Form Interrogatories, Set One, Special Interrogatories, Set One and Request for Production, Set One, on Plaintiff Kimisha Gill (“Plaintiff”) on June 24, 2020. (Motions, Ogunnubi Decl., Exh. A.) Following Plaintiff’s failure to provide timely responses, Defendant Paige twice extended the deadline to serve verified responses. (Id. at Exhs. B-D.) Following no response from Plaintiff after the last deadline, Defendant Paige filed the instant Motions to Compel Responses and Request for Sanctions on November 23, 2020. To date, no opposition has been filed.

Discussion

There is no requirement for a prior meet and confer effort before a motion to compel initial responses can be filed. (Code Civ. Proc., § 2030.290.) Further, the motion can be brought any time after the responding party fails to provide the responses. (Code Civ. Proc., § 2030.290.) Based on the Plaintiff’s failure to respond to the propounded discovery, Defendant Paige is entitled to an order compelling Plaintiff to serve verified responses to the interrogatories and request for production without objections.

Plaintiff’s failure to timely respond constitutes 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 for each motion. Therefore, the request for sanctions is granted against Plaintiff in the total amount of $705.00 based on three hours of attorney time billed at $175.00 an hour and $180.00 in costs. (Motions, Ogunnubi Decl., ¶8.)

Conclusion

Defendant Paige Shannon’s (1) Motion Compelling Plaintiff Kimisha Gill to Respond to Form Interrogatories, Set One and for Monetary Sanctions; (2) Motion Compelling Plaintiff Kimisha Gill to Respond to Special Interrogatories, Set One and for Monetary Sanctions; and (2) Motion Compelling Plaintiff Kimisha Gill to Respond to Request for Production, Set One and for Monetary Sanctions are GRANTED. PLAINTIFF IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTIONS WITHIN 20 DAYS’ SERVICE OF THIS ORDER. PLAINTIFF IS ORDERED TO PAY SANCTIONS OF $705.00 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice.