PAMELA ELLISON VS MAGGIE MINNIE

Tentative Rulings

Case Number: 19STLC07727    Hearing Date: January 14, 2021    Dept: 26

Ellison v. Minnie, et al.

MOTION TO COMPEL RESPONSES TO INTERROGATORIES;

(CCP § 2030.290)

TENTATIVE RULING:

Defendant Maggie Minnie’s Motion Compelling Plaintiff Pamela Ellison To Respond To Form Interrogatories, Set One and for Monetary Sanctions is GRANTED. PLAINTIFF IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTIONS WITHIN 20 DAYS’ SERVICE OF THIS ORDER. PLAINTIFF AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $340.00 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

Defendant Maggie Minnie (“Defendant”) propounded Form Interrogatories, Set One, on Plaintiff Pamela Ellison (“Plaintiff”) on May 13, 2020. (Motion, Wells Decl., Exh. A.) Following Plaintiff’s failure to provide timely responses, Defendant extended the deadline to serve verified responses. (Id. at Exh. B.) Following no response from Plaintiff after the second deadline, Defendant filed the instant Motion to Compel Responses to Form Interrogatories, Set One, and Request for Sanctions on August 20, 2020. Plaintiff filed an opposition on January 4, 2021.

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.) The opposition states that responses to the form interrogatories were served on Defendant on December 23, 2020. (Opp., Yeager Decl., ¶2.) Plaintiff argues that the Motion is moot as a result and any award of sanctions should be reasonable.

The Court finds that Defendant is entitled to an order compelling Plaintiff to serve verified responses to the form interrogatories without objections. Although the opposition is supported by an attorney declaration regarding service of the responses, the responses themselves are not attached. The Court cannot find that the responses comply with the statutory requirements without reviewing them or unless Defendant states the responses are proper.

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. However, the amount sought is excessive under a lodestar calculation. Therefore, the request for sanctions is granted against Plaintiff in the amount of $340.00 based on one hour of attorney time billed at $250.00 an hour and $90.00 in filing costs. (Motion, Wells Decl., ¶5.)

Conclusion

Defendant Maggie Minnie’s Motion Compelling Plaintiff Pamela Ellison To Respond To Form Interrogatories, Set One and for Monetary Sanctions is GRANTED. Plaintiff is to serve verified responses without objections within 20 days’ service of this order. Plaintiff and counsel of record are jointly and severally ordered to pay sanctions of $340.00 to defense counsel within 20 days’ service of this order.

Moving party to give notice.