WESTERN HOME INSURANCE VS FRG TRANSPORT MANAGEMENT COMPANY, INC., ET AL.

Tentative Rulings

Case Number: 18STLC14231    Hearing Date: October 21, 2020    Dept: 25

HEARING DATE: Wed., October 21, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Western Home Insurance v. Raya, et al. COMP. FILED: 11-26-18

CASE NUMBER: 18STLC14231 DISC. C/O: NONE

PROCEEDINGS: MOTION COMPELLING RESPONSES TO INTERROGATORIES AND FOR AWARD OF MONETARY SANCTIONS

MOVING PARTY: Plaintiff Western Home Insurance

RESP. PARTY: None

MOTION TO COMPEL RESPONSES TO INTERROGATORIES; REQUEST FOR SANCTIONS

(CCP § 2030.290)

TENTATIVE RULING:

Plaintiff Western Home Insurance’s Motion Compelling Responses to Interrogatories is GRANTED. Defendant Raya is ordered to provide verified responses without objections to Form Interrogatories, Set One, within thirty (30) days of notice of this order. Plaintiff’s request for sanctions is also GRANTED in the amount of $450.00 to be paid within thirty (30) days of notice of this order.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of October 19, 2020 [ ] Late [X] None

REPLY: None filed as of October 19, 2020 [ ] Late [X] None

ANALYSIS:

1. Background

On November 26, 2018, Plaintiff Western Home Insurance (“Plaintiff”) filed a complaint in subrogation for damages against Defendants FRG Transport Management Company, Inc. (“FRG”) and Jeffrey Raya (“Raya”). On February 11, 2019, Defendant Raya filed an Answer, in pro per.

On February 4, 2020, Plaintiff filed the instant Motion Compelling Responses to Interrogatories and for Award of Monetary Sanctions (the “Motion”).

At the initial hearing on July 15, 2020, the Court noted that Plaintiff’s counsel’s declaration was not executed and thus could not be considered as evidence. (7/15/20 Minute Order.)

To date, no opposition has been filed.

1. Legal Standard & Discussion

1. Form Interrogatories

A party must respond to interrogatories within 30 days after service. (Code Civ. Proc., § 2030.260, subd. (a).) If a party to whom interrogatories are directed does not provide timely responses, the requesting party may move for an order compelling responses to the discovery. (Code Civ. Proc., § 2030.290, subd. (b).) The party also waives the right to make any objections, including one based on privilege or work-product protection. (Code Civ. Proc., § 2030.290, subd. (a).) There is no time limit for a motion to compel responses to interrogatories 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.) No meet and confer efforts are required before filing a motion to compel responses to the discovery. (Code Civ. Proc., § 2030.290; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 411.)

Here, Plaintiff’s counsel served Form Interrogatories, Set One, on Defendant Raya on July 13, 2019 via regular mail. (7/14/20 Rosenberg Decl., ¶ 4, Exh. A.) Although not procedurally required, on August 5, 2019, Plaintiff’s counsel sent Defendant Raya a letter regarding the lack of discovery responses. (Id. at ¶ 6, Exh. B.) To date, Plaintiff has not received any responses to the Form Interrogatories. (Id at ¶ 7.) Thus, Plaintiff is entitled to an order compelling Defendant Raya to provide verified responses without objections. (Code Civ. Proc., § 2030.290.)

1. Sanctions

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 to pay the reasonable expenses, including attorney’s fees, incurred by anyone as a result of that conduct. A misuse of the discovery process includes failing to respond or submit to an authorized method of discovery. (Code Civ. Proc., § 2023.010, subd. (d).)

The Court finds Defendant Raya’s failure to respond to Plaintiff’s discovery request a misuse of the discovery process.

Plaintiff’s counsel requests a total of $2,500.00 in sanctions. (7/14/20 Rosenberg Decl., ¶ 9.) First, it appears Plaintiff’s counsel miscalculated the total amount of sanctions requested, which based on 5 hours of attorney time billed at a rate of $450.00, totals $2,250.00. (See Id.) Regardless, the amount sought is excessive given the simplicity of this Motion and the lack of opposition and reply. The Court finds sanctions of $450.00, based on one hour of attorney time, to be reasonable. Defendant Raya is ordered to pay sanctions within thirty (30) days of notice of this order.

1. Conclusion & Order

For the foregoing reasons, Plaintiff Western Home Insurance’s Motion Compelling Responses to Interrogatories is GRANTED. Defendant Raya is ordered to provide verified responses without objections to Form Interrogatories, Set One, within thirty (30) days of notice of this order. Plaintiff’s request for sanctions is also GRANTED in the amount of $450.00 to be paid within thirty (30) days of notice of this order.

Moving party is ordered to give notice.

Case Number: 18STLC14231    Hearing Date: July 15, 2020    Dept: 25

MOTION TO COMPEL RESPONSES TO INTERROGATORIES; REQUEST FOR SANCTIONS

(CCP § 2030.290)

TENTATIVE RULING:

Plaintiff Western Home Insurance’s Motion Compelling Responses to Interrogatories is GRANTED ON THE CONDITION that Plaintiff’s counsel files an executed copy of the declaration submitted in support of this Motion before the hearing. If granted, Defendant Raya is ordered to provide verified responses without objections to Form Interrogatories, Set One, within thirty (30) days of notice of this order as well as pay sanctions in the amount of $450.00 within thirty (30) days of notice of this order.

Otherwise, the Motion is CONTINUED TO OCTOBER 7, 2020 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE. If continued, at least 16 court days before the next scheduled hearing, Plaintiff must file and serve supplemental papers addressing the deficiencies identified herein. Failure to do so may result in the Motion being placed off calendar or denied.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of July 13, 2020 [ ] Late [X] None

REPLY: None filed as of July 13, 2020 [ ] Late [X] None

ANALYSIS:

1. Background

On November 26, 2018, Plaintiff Western Home Insurance (“Plaintiff”) filed a complaint in subrogation for damages against Defendants FRG Transport Management Company, Inc. (“FRG”) and Jeffrey Raya (“Raya”). On February 11, 2019, Defendant Raya filed an Answer, in pro per.

On February 4, 2020, Plaintiff filed the instant Motion Compelling Responses to Interrogatories and for Award of Monetary Sanctions (the “Motion”). To date, no opposition has been filed.

1. Legal Standard & Discussion

A party must respond to interrogatories within 30 days after service. (Code Civ. Proc., § 2030.260, subd. (a).) If a party to whom interrogatories are directed does not provide timely responses, the requesting party may move for an order compelling responses to the discovery. (Code Civ. Proc., § 2030.290, subd. (b).) The party also waives the right to make any objections, including one based on privilege or work-product protection. (Code Civ. Proc., § 2030.290, subd. (a).) There is no time limit for a motion to compel responses to interrogatories 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.) No meet and confer efforts are required before filing a motion to compel responses to the discovery. (Code Civ. Proc., § 2030.290; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 411.)

Plaintiff’s counsel submits a declaration in support of the Motion stating the following:

Plaintiff’s counsel served Form Interrogatories, Set One, on Defendant Raya on July 13, 2019 via regular mail. (Mot., Rosenberg Decl., ¶ 4, Exh. A.) Although not procedurally required, on August 5, 2019, Plaintiff’s counsel sent Defendant Raya a letter regarding the lack of discovery responses. (Id. at ¶ 6, Exh. B.) To date, Plaintiff has not received any responses to the Form Interrogatories. (Id at ¶ 7.)

However, the Court notes that Plaintiff’s counsel’s declaration is not executed, and thus cannot be considered as evidence. (Code Civ. Proc., § 2015.5.) In the interest of judicial economy, however, the Court will consider granting Plaintiff’s request for compelling responses if Plaintiff’s counsel files an executed copy of the declaration before the hearing.

Plaintiff also requests that sanctions be imposed on Defendant for his failure to provide responses. 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 to pay the reasonable expenses, including attorney’s fees, incurred by anyone as a result of that conduct. 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 Defendant Raya’s failure to respond to Plaintiff’s discovery request a misuse of the discovery process.

Plaintiff’s counsel requests a total of $2,500.00 in sanctions. (Mot., Rosenberg Decl., ¶ 9.) First, it appears Plaintiff’s counsel miscalculated the total amount of sanctions requested, which based on 5 hours of attorney time billed at a rate of $450.00, totals $2,250.00. (Id.) Regardless, the amount sought is excessive given the simplicity of this Motion and the lack of opposition and reply. The Court finds sanctions of $450.00 based on one hour of attorney time to be appropriate and will be awarded provided that Plaintiff’s counsel files an executed copy of his declaration before the hearing.

1. Conclusion & Order

For the foregoing reasons, Plaintiff Western Home Insurance’s Motion Compelling Responses to Interrogatories is GRANTED ON THE CONDITION that Plaintiff’s counsel files an executed copy of the declaration submitted in support of this Motion before the hearing. If granted, Defendant Raya is ordered to provide verified responses without objections to Form Interrogatories, Set One, within thirty (30) days of notice of this order as well as pay sanctions in the amount of $450.00 within thirty (30) days of notice of this order.

Otherwise, the Motion is CONTINUED TO OCTOBER 7, 2020 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE. If continued, at least 16 court days before the next scheduled hearing, Plaintiff must file and serve supplemental papers addressing the deficiencies identified herein. Failure to do so may result in the Motion being placed off calendar or denied.

Moving party is ordered to give notice.