SHUKRY MESSIH VS RALPHS GROCERY COMPANY

Tentative Rulings

Case Number: 19STLC07177    Hearing Date: February 24, 2020    Dept: 26

Messih v. Ralphs Grocery Company

MOTIONS TO COMPEL RESPONSES TO DISCOVERY AND REQUEST FOR MONETARY SANCTIONS

(CCP §§ 2030.290, 2031.300)

TENTATIVE RULING:

Defendant Ralphs’s Motion to Compel Responses to Discovery and Request for Monetary Sanctions is GRANTED.

ANALYSIS:

I. Background

On September 20, 2019, Defendant Ralphs served Form Interrogatories, Specially Prepared Interrogatories, and Demand for Identification and Inspection of Documents on Plaintiff Messih (“Plaintiff”). (Macksoud Decl., Form Interrogatories, ¶ 2, Exh. A; Macksoud Decl., Specially Prepared Interrogatories, ¶ 2, Exh. A; Macksoud Decl., Demand for Identification and Inspection of Documents, ¶ 2, Exh. A.) As of January 23, 2020, Plaintiff has not responded to Defendant’s discovery requests. (Macksoud Decl., Form Interrogatories, ¶ 5 Macksoud Decl., Specially Prepared Interrogatories, ¶ 5; Macksoud Decl., Demand for Identification and Inspection of Documents, ¶ 5.) As a result, Defendant filed three Motions to Compel Responses to Discovery and Request for Sanctions (the “Motions”) on January 24, 2020.

Plaintiff filed a General Opposition to Defendant’s Discovery motions, belatedly, on February 19, 2020. Plaintiff alleges that the motions were not properly noticed, the reservation for the motions was improper, and that the defnedant’s failed to met andconfer before filing the discovery motions. Plaintiff alleges that there was a delay due to medical issues.

III. Legal Standard

A court is permitted to intervene if a party fails to timely serve responses to discovery requests. (Code of Civ. Proc., §§ 2030.290, subd. (b), 2031.300, subd. (b).) A requirement to meet and confer is only required prior to a Motion for an order compelling further responses pursuant to Code of Civil Procedure section 2030.300, subdivision (b)(1). As this motion is to compel reponsesk, not further responses, there is no requirement for a meet and confer declaration.

IV. Discussion & Order

Due to Plaintiff’s failure to respond to the propounded discovery requests, Defendant’s Motions are GRANTED. (Code Civ. Proc., §§ 2030.290, 2031.300.) Plaintiff is ordered to serve verified responses without objections to the Form Interrogatories, Specially Prepared Interrogatories, and Requests for Identification and Inspection of Documents within twenty (20) days.

The Court also finds Plaintiff’s failure to respond a misuse of the discovery process, warranting sanctions. (Code Civ. Proc., § 2023.010, subd. (d).) In addition, because Defendant’s Motions have been granted, monetary sanctions are mandatory under Code of Civil Procedure, sections 2030.290, subd. (c) and 2031.300, subd. (c).

Defendant’s counsel requests in each motion $3,105 in sanctions which includes a $60.00 filing fee for each motion and a total of fifteen hours of attorney time billed at $195.00 per hour. (Macksoud Decl., Form Interrogatories, ¶ 6; Macksoud Decl., Specially Prepared Interrogatories, ¶ 6; Macksoud Decl., Demand for Identification and Inspection of Documents, ¶ 6.) However, the amount sought is excessive given the simplicity of these nearly identical motions. The Request for Sanctions is GRANTED against Plaintiff in the amount of $195.00 based on one hour of attorney time billed at $195.00 per hour, plus three filing fees of $60.00, to be paid within thirty (30) days of service of notice of this order.

Moving party is ordered to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCdept94@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.