LUBIN ROCHA VS MARIA LOPEZ

Tentative Rulings

Case Number: 19STLC05392    Hearing Date: January 21, 2020    Dept: 25

MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR DOCUMENTS, FORM INTERROGATORIES, AND REQUESTS FOR ADMISSION

(CCP §§ 2030.290; 2031.300)

TENTATIVE RULING:

Defendant Maria Lopez’s Motion to Compel Plaintiff’s Verified Responses to Form Interrogatories, Motion to Compel Plaintiff’s Verified Responses to Special Interrogatories, and Motion to Compel Plaintiff’s Verified Responses to Demand for Production of Documents are GRANTED.

Defendant’s Request for Monetary Sanctions is also granted in the amount of $555.00 to be paid within thirty (30) days of service of notice of this order. 

ANALYSIS:

1. Background

On June 5, 2019, Plaintiff Lubin Rocha (“Plaintiff”) filed an action for motor vehicle negligence against Defendant Maria Lopez (“Defendant”).

On December 26, 2019, Defendant filed the following three motions (collectively, the “Motions”):

1. Motion to Compel Plaintiff’s Verified Responses to Form Interrogatories and Request for Monetary Sanctions (the “Form Interrogatories Motion”)

2. Motion to Compel Plaintiff’s Verified Responses to Special Interrogatories and Request for Monetary Sanctions (the “Special Interrogatories Motion”); and

3. Motion to Compel Plaintiff’s Verified Responses to Demand for Production of Documents and Request for Monetary Sanctions (the “Request for Production Motion”)

To date, no opposition or reply briefs have been filed.

1. Legal Standard

A party must respond to discovery requests within 30 days after service. (Code Civ. Proc., § 2030.260, subd. (a); Code Civ. Proc., § 2031.260, subd. (a).) If a party does not provide timely responses to discovery requests, 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. (b).) There is no time limit for a motion to compel responses where no responses have been served 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; Code Civ. Proc., § 2031.300.) No meet and confer efforts are required before filing a motion to compel responses. (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.)

1. Discussion

Here, Defendant served Plaintiff with Form Interrogatories, Set One, Special Interrogatories, Set One, and Demand for Production of Documents, Set One, by mail on July 9, 2019. (Motions, Nepomuceno Decl., ¶ 2.) Responses to Defendant’s discovery requests were due on August 13, 2019. (Id., ¶ 3.) Defendant granted Plaintiff a two-week extension to have responses to the discovery requests due on August 28, 2019. (Id., ¶ 4.) To date, Plaintiff has not responded to any of Defendant’s discovery requests. (Id., ¶ 6.) Thus, Defendant is entitled to an order requiring Plaintiff to serve verified responses to the discovery requests and without objections.

In addition, 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. A misuse of the discovery process includes failing to respond or to submit to an authorized method of discovery. (Code Civ. Proc., § 2023.010, subd. (d).)

The Court finds that Plaintiff’s failure to provide responses to Defendant’s discovery requests is a misuse of the discovery process.

Defense counsel requests a total of $1,305.00 in sanctions, which includes nine hours of attorney time billed at $125.00 per hour and a $60 filing fee for each Motion. (Motions, Nepomuceno Decl., ¶ 7.) However, the amount sought is excessive given the simplicity of these nearly identical Motions and the lack of opposition and reply. Defendant’s Request for Sanctions is GRANTED in the amount of $555.00 based on three hours of attorney time billed at $125.00 per hour plus three filing fees of $60.00, to be paid within thirty (30) days of service of notice of this order.

1. Conclusion & Order

For the foregoing reasons, Defendant Maria Lopez’s Motion to Compel Plaintiff’s Verified Responses to Form Interrogatories, Motion to Compel Plaintiff’s Verified Responses to Special Interrogatories, and Motion to Compel Plaintiff’s Verified Responses to Demand for Production of Documents are GRANTED.

Defendant’s Request for Monetary Sanctions is also granted in the amount of $555.00 to be paid within thirty (30) days of service of notice of this order.

Moving party to give notice.