WESTLAKE SERVICES, LLC VS MIDWEST NATIONAL AUTO SALES & LEASE, LLC, ALIMITED LIABILITY COMPANY, ET AL.

Tentative Rulings

Case Number: 18STLC01817    Hearing Date: August 27, 2020    Dept: 26

Westlake Services, Inc. v. Midwest National Auto Sales and Lease, LLC, et al.

MOTION TO COMPEL RESPONSES TO INTERROGATORIES AND DEMAND FOR PRODUCTION; DEEM REQUESTS FOR ADMISSION ADMITTED

(CCP § 2030.290)

TENTATIVE RULING:

Plaintiff Westlake Services, Inc.’s Motion Compelling Defendant John Breckenridge To Respond To Form Interrogatories and for Monetary Sanctions is GRANTED. Verified responses without objections are to be served within 20 days’ notice of this order. Sanctions of $425.00 are to be paid to Plaintiff’s counsel within 30 days’ notice of this order.

The hearing regarding the remaining discovery and sanctions requests is CONTINUED TO AUGUST 27, 2020 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

ANALYSIS:

Plaintiff Westlake Services, Inc. (“Plaintiff”) propounded Form Interrogatories, Special Interrogatories, Requests for Admission and Requests for Production of Documents on Defendants John Breckenridge and Amber Blackburn on December 31, 2019. (Motion, Friedman Decl., Exh. A.) Following Defendants John Breckenridge and Amber Blackburn’s failure to provide timely responses, Plaintiff extended the deadline to respond to February 27, 2020. (Id. at Exh. B.) Following no response from Defendants John Breckenridge and Amber Blackburn, Plaintiff filed the instant Motion on March 9, 2020.

At the initial hearing on June 26, 2020, the Court granted the Motion solely as to the Form Interrogatories propounded on Defendant John Breckenridge. The Court continued the hearing as to the remaining discovery requests and ordered Plaintiff to pay seven (7) additional motion filing fees. The filing fees were paid on the same date. Plaintiff also gave notice of the continued hearing date to Defendants on July 1, 2020. (Proof of Service, filed 7/1/20.)

On August 24, 2020, only five court days prior to the continued hearing date, Defendants untimely filed and electronically served an opposition to the Motion, in violation of the notice requirements of the Code of Civil Procedure.

Discussion

Defendants’ opposition contends responses were served to the discovery requests that remain to be ruled on by the Court. (Opp., Butler Decl., ¶¶3-5 and Exhs. A-C.) Some the responses were apparently served in November 2019 to Plaintiff’s former counsel; some of the responses were served following the Court’s ruling on March 9, 2020. (Ibid.)

Plaintiff, however, has not been provided an opportunity to file a reply addressing these responses and whether they substantially comply with the requirements of the Discovery Code due to Defendants’ extremely dilatory opposition. In fact, Defendants could have avoided the time, effort and expense of this Motion by responding to the meet and confer letter sent to defense counsel on February 13, 2020. (Motion, Friedman Decl., Exh. B.) Defendants could have further filed an opposition prior to the hearing on June 26, 2020. Instead, Defendants waited until the eleventh hour to contend the Motion is “largely moot.” Therefore, the Court exercises its discretion to refuse to consider the grossly untimely opposition. (Cal. Rules of Court, Rule 3.1300, subd. (d).)

Based on Defendants’ failure to serve initial responses, Plaintiff’s remaining discovery requests with respect to the interrogatories, request for production and request to deem admissions admitted against both Defendants is granted. 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, 2031.300; 2033.280.) Further, the motion can be brought any time after the responding party fails to provide the responses. (Code Civ. Proc., §§ 2030.290, 2031.300; 2033.280.) Based on the foregoing, Plaintiff is entitled to an order compelling Defendants to serve verified responses to the form interrogatories and request for production without objections. The Court also deems the requests for admission admitted against Defendants.

Defendants’ 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. The request for sanctions is granted against Defendants Breckenridge and Blackburn in the amount of $425.00 based on one hour of attorney time billed at $425.00 an hour. (Motion, Friedman Decl., ¶5.) The sanctions are to be paid within 30 days this order.

Conclusion

Plaintiff Westlake Services, Inc.’s Motion for Order (1) compelling Defendant John Breckenridge’s responses to special interrogatories and request for sanctions; (2) compelling Defendant John Breckenridge’s responses to requests for production and request for sanctions; (3) deeming requests for admission admitted against Defendant John Breckenridge and request for sanctions; (4) compelling Defendant Amber Blackburn’s responses to form interrogatories and request for sanctions; (5) compelling Defendant Amber Blackburn’s responses to special interrogatories and request for sanctions; (6) compelling Defendant Amber Blackburn’s responses to requests for production and request for sanctions; and (7) deeming requests for admission admitted against Defendant Amber Blackburn and request for sanctions are GRANTED. DEFENDANTS ARE TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION TO THE INTERROGATORIES AND REQUESTS FOR PRODUCTION WITHIN 20 DAYS’ SERVICE OF THIS ORDER. DEFENDANTS ARE FURTHER ORDERED TO JOINTLY AND SEVERALLY PAY SANCTIONS OF $425.00 TO PLAINTIFF WITHIN 30 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice of this order.

Case Number: 18STLC01817    Hearing Date: June 26, 2020    Dept: 26

Westlake Services, Inc. v. Midwest National Auto Sales and Lease, LLC, et al.

MOTION TO COMPEL RESPONSES TO INTERROGATORIES;

(CCP § 2030.290)

TENTATIVE RULING:

Plaintiff Westlake Services, Inc.’s Motion Compelling Defendant John Breckenridge To Respond To Form Interrogatories and for Monetary Sanctions is GRANTED. Verified responses without objections are to be served within 20 days’ notice of this order. Sanctions of $425.00 are to be paid to Plaintiff’s counsel within 30 days’ notice of this order.

The hearing regarding the remaining discovery and sanctions requests is CONTINUED TO AUGUST 27, 2020 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

ANALYSIS:

Plaintiff Westlake Services, Inc. (“Plaintiff”) propounded Form Interrogatories, Special Interrogatories, Requests for Admission and Requests for Production of Documents on Defendants John Breckenridge and Amber Blackburn on December 31, 2019. (Motion, Friedman Decl., Exh. A.) Following Defendants John Breckenridge and Amber Blackburn’s failure to provide timely responses, Plaintiff extended the deadline to respond to February 27, 2020. (Id. at Exh. B.) Following no response from Defendants John Breckenridge and Amber Blackburn, Plaintiff filed the instant Motion on March 9, 2020. To date, no opposition has been filed.

Discussion

Initially, the Court addresses the fact that Plaintiff has filed a single discovery motion to compel responses or deem requests admitted under three different discovery statutes, with respect to eight separate sets of discovery. Yet Plaintiff has paid only a single filing fee. Filing the motions as a single motion negatively impacts the court’s calendar by placing more motions on the calendar than slots have been provided by the online reservation system. Furthermore, it allows the moving party to avoid paying the requisite filing fees. “[I]t is mandatory for the court clerks to demand and receive statutorily required filing fees.” (See Duran v. St. Luke’s Hospital (2003) 114 Cal.App.4th 457, 460.)

Based on the foregoing, the Court will rule on one discovery request as to one party, specifically, the request for compel Defendant John Breckenridge’s responses to the form interrogatories. 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.) Based on the foregoing, Plaintiff is entitled to an order compelling Defendant John Breckenridge to serve verified responses to the form interrogatories without objections.

Defendant John Breckenridge’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. The request for sanctions is granted against Defendant John Breckenridge in the amount of $425.00 based on one hour of attorney time billed at $425.00 an hour. (Motion, Friedman Decl., ¶.) The sanctions are to be paid within 30 days this order.

Regarding the remaining discovery requests, The hearing is CONTINUED TO AUGUST 27, 2020 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. AT LEAST 16 COURT DAYS PRIOR TO THE CONTINUED HEARING DATE, PLAINTIFF IS ORDERED TO PAY MOTION FILING FEES FOR THE SEVEN (7) REMAINING REQUESTS: (1) compelling Defendant John Breckenridge’s responses to special interrogatories and request for sanctions; (2) compelling Defendant John Breckenridge’s responses to requests for production and request for sanctions; (3) deeming requests for admission admitted against Defendant John Breckenridge and request for sanctions; (4) compelling Defendant Amber Blackburn’s responses to form interrogatories and request for sanctions; (5) compelling Defendant Amber Blackburn’s responses to special interrogatories and request for sanctions; (6) compelling Defendant Amber Blackburn’s responses to requests for production and request for sanctions; and (7) deeming requests for admission admitted against Defendant Amber Blackburn and request for sanctions. FAILURE TO PAY THE FILING FEES AS ORDERED WILL RESULT IN THE COURT TAKING HEARING ON THE REMAINING DISCOVERY REQUESTS OFF CALENDAR.

Moving party to give notice of this order and the continued hearing date.