MARIA ARQUERA VS MV TRANSPORTATION, INC., ET AL.

Tentative Rulings

Case Number: 19STLC07310    Hearing Date: May 11, 2021    Dept: 26

Arquera v. MV Transportation, Inc., et al.

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

(CCP §§ 2030.290; 2031.300)

TENTATIVE RULING:

Defendant Access Services’ (1) Motion For Order Compelling Plaintiff to Respond to Special Interrogatories and Request For Sanctions; and (2) Motion For Order Compelling Plaintiff to Respond to Request for Production and Request For Sanctions are GRANTED. PLAINTIFF MARIA ARQUERA IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION TO THE SPECIAL INTERROGATORIES AND REQUEST FOR PRODUCTION WITHIN 20 DAYS’ SERVICE OF THIS ORDER. PLAINTIFF AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $195.00 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

Plaintiff Maria Arquera (“Plaintiff”) filed the instant action for motor vehicle negligence against Defendants MV Transportation, Inc. and Access Services (“Defendants”) on August 7, 2019. Defendant Access Services filed the instant (1) Motion to Compel Plaintiff’s Responses to Special Interrogatories and Request for Sanctions; and (2) Motion to Compel Plaintiff’s Responses to Request for Production of Documents and Request for Sanctions on February 5, 2021.

The Motions initially came for hearing on March 9, 2021 at which time defense counsel informed the Court that Plaintiff’s counsel was now ineligible to practice law in California. (Minute Order, 03/09/21.) The Court continued the hearing on the Motions to May 11, 2021 and set an Order to Show Cause re: Plaintiff's counsel Donald Hilland re: being ineligible to practice law proper substitution of counsel for the same date. (Ibid.)

Discussion

Defendant Access served written discovery, including Special Interrogatories and Requests for Production, on Plaintiff on March 12, 2020. (Motions, Moore Decl., Exh. A.) As of the filing of the Motions, no responses have been served to the discovery requests. (Id. at ¶6.) The Court finds that due to Plaintiff’s failure to respond to written discovery, Defendant Access is entitled to an order compelling Plaintiff’s responses. Plaintiff is ordered to serve verified responses, without objections, to the Special Interrogatories and Requests for Production within twenty (20) days from the date of Defendant Access Services serving a notice of this Order. (Code Civ. Proc., § 2030.290; 2031.300.)

Monetary sanctions are also awarded under Code of Civil Procedure sections 2030.290 and 2023.210. Given the simplicity of the Motions, the Court finds that sanctions are appropriate in the amount of $195.00 based on a lodestar calculation. (Motion, Moore Decl., ¶8.) Plaintiff and counsel of record are jointly and severally ordered to pay the sanctions to defense counsel within twenty (20) days’ service of this Order.

Conclusion

Defendant Access Services’ (1) Motion For Order Compelling Plaintiff to Respond to Special Interrogatories and Request For Sanctions; and (2) Motion For Order Compelling Plaintiff to Respond to Request for Production and Request For Sanctions are GRANTED. PLAINTIFF MARIA ARQUERA IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION TO THE SPECIAL INTERROGATORIES AND REQUEST FOR PRODUCTION WITHIN 20 DAYS’ SERVICE OF THIS ORDER. PLAINTIFF AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $195.00 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice.

Case Number: 19STLC07310    Hearing Date: March 9, 2021    Dept: 26

Arquera v. MV Transportation, Inc., et al.

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

(CCP §§ 2030.290; 2031.300)

TENTATIVE RULING:

Services’ (1) Motion For Order Compelling Plaintiff to Respond to Special Interrogatories and Request For Sanctions; and (2) Motion For Order Compelling Plaintiff to Respond to Request for Production and Request For Sanctions is GRANTED. PLAINTIFF MARIA ARQUERA IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION TO THE SPECIAL INTERROGATORIES AND REQUEST FOR PRODUCTION WITHIN 20 DAYS’ SERVICE OF THIS ORDER. PLAINTIFF IS FURTHER ORDERED TO PAY SANCTIONS OF $195.00 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

Plaintiff Maria Arquera (“Plaintiff”) filed the instant action for motor vehicle negligence against Defendants MV Transportation, Inc. and Access Services (“Defendants”) on August 7, 2019. Defendant Access Services filed the instant Motion to Compel Plaintiff’s Responses to Special Interrogatories and Request for Sanctions on February 5, 2021. To date, no opposition has been filed.

Discussion

Defendant Access served written discovery, including Special Interrogatories and Requests for Production, on Plaintiff on March 12, 2020. (Motions, Moore Decl., Exh. A.) As of the filing of the Motions, no responses have been served to the discovery requests. (Id. at ¶6.) The Court finds that due to Plaintiff’s failure to respond to written discovery, Defendant Access is entitled to an order compelling Plaintiff’s responses. Plaintiff is ordered to serve verified responses, without objections, to the Special Interrogatories and Requests for Production within twenty (20) days from the date of Defendant Access Services serving a notice of this Order. (Code Civ. Proc., § 2030.290; 2031.300.)

Monetary sanctions are also awarded under Code of Civil Procedure sections 2030.290 and 2023.210. Given the simplicity of the Motions, the Court finds that sanctions are appropriate in the amount of $195.00 based on a lodestar calculation. (Motion, Moore Decl., ¶8.) Plaintiff is ordered to pay the sanctions to defense counsel within twenty (20) days’ service of this Order.

Conclusion

Defendant Access Services’ (1) Motion For Order Compelling Plaintiff to Respond to Special Interrogatories and Request For Sanctions; and (2) Motion For Order Compelling Plaintiff to Respond to Request for Production and Request For Sanctions is GRANTED. PLAINTIFF MARIA ARQUERA IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION TO THE SPECIAL INTERROGATORIES AND REQUEST FOR PRODUCTION WITHIN 20 DAYS’ SERVICE OF THIS ORDER. PLAINTIFF IS FURTHER ORDERED TO PAY SANCTIONS OF $195.00 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Case Number: 19STLC07310    Hearing Date: January 12, 2021    Dept: 26

Arquera v. MV Transportation, Inc., et al.

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

(CCP §§ 2030.290; 2031.300)

TENTATIVE RULING:

Defendant Access Services’ Motion For Order Compelling Plaintiff to Respond to (1) Form Interrogatories; (2) Special Interrogatories; and (3) Request for Production of Documents; Request For Sanctions is GRANTED solely as to Plaintiff’s response to the Form Interrogatories. PLAINTIFF MARIA ARQUERA IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION TO THE FORM INTERROGATORIES WITHIN 20 DAYS’ SERVICE OF THIS ORDER. PLAINTIFF IS FURTHER ORDERED TO PAY SANCTIONS OF $195.00 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Hearing on remainder of Defendant Access Services’ Motion is CONTINUED TO MARCH 9, 2021 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

ANALYSIS:

Plaintiff Maria Arquera (“Plaintiff”) filed the instant action for motor vehicle negligence against Defendants MV Transportation, Inc. and Access Services (“Defendants”) on August 7, 2019. Defendant Access Services filed the instant Motion to Compel Plaintiff’s Responses to Form Interrogatories, Special Interrogatories, and Requests for Production; Request for Sanctions on July 10, 2020. To date, no opposition has been filed.

Discussion

The Court initially addresses the fact that Defendant Access Services filed a single motion seeking relief with respect to three separate sets of discovery. Specifically, the Motion seeks to compel responses to form interrogatories, special interrogatories and requests for production. Yet for each of the three requests, which should have been filed as three separate motions, the moving party only paid a single filing fee. Until Defendant Access Services pays two additional filing fees, the Court can only rule on the Motion as to one type of discovery. 

The Motion is supported by evidence that Defendant Access served written discovery on Plaintiff in March and April 2020. (Motion, Moore Decl., ¶¶2-4 and Exhs. A-C.) As of the filing of the Motion, no responses have been served to the discovery requests. (Id. at ¶6.) The Court, therefore, finds that due to Plaintiff’s failure to respond to written discovery, the Motion is granted solely as to the Form Interrogatories. Plaintiff is ordered to serve verified responses, without objections, to the Form Interrogatories within twenty (20) days from the date of Defendant Access Services serving a notice of this Order. (Code Civ. Proc., § 2030.290.)

Monetary sanctions are also awarded under Code of Civil Procedure sections 2030.290 and 2023.210. Given the simplicity of the Motion, the Court finds that sanctions are appropriate in the amount of $195.00 based on a lodestar calculation. (Motion, Moore Decl., ¶8.) Plaintiff is ordered to pay the sanctions to defense counsel within twenty (20) days’ service of this Order.

With respect to the remainder of the discovery requests the hearing on the Motion is CONTINUED TO MARCH 9, 2021 AT 10:30 AM. AT LEAST 16 COURT DAYS PRIOR TO THE NEW HEARING DATE, DEFENDANT ACCESS SERVICES IS TO PAY TWO (2) ADDITIONAL FILING FEES. FAILURE TO COMPLY WITH THE COURT’S ORDERS MAY RESULT IN THE MOTION BEING PLACED OFF CALENDAR.

Moving party to give notice.