WESTLAKE SERVICES LLC VS US NISSI AUTO SALES LLC, A LIMITED LIABILITY COMPANY, ET AL.

Tentative Rulings

Case Number: 18STLC07876    Hearing Date: October 21, 2020    Dept: 26

Westlake Services, Inc. v. US Nissi Auto Sales, LLC, et al.

MOTION TO COMPEL RESPONSES TO INTERROGATORIES;

(CCP § 2030.290)

TENTATIVE RULING:

Plaintiff Westlake Services, LLC’s Motion to Compel Responses to Special Interrogatories and Request for Production, to Deem Requests for Admission Admitted, and Request for Monetary Sanctions is GRANTED. DEFENDANT LOPEZ IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION TO THE SPECIAL INTERROGATORIES AND REQUESTS FOR PRODUCTION WITHIN 20 DAYS’ SERVICE OF THIS ORDER. THE REQUESTS FOR ADMISSION ARE DEEMED ADMITTED AGAINST DEFENDANT LOPEZ. DEFENDANT LOPEZ IS FURTHER ORDERED TO PAY SANCTIONS OF $425.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Plaintiff Westlake Services, Inc. (“Plaintiff”) propounded Form Interrogatories, Special Interrogatories, Requests for Admission and Requests for Production of Documents on Defendant Rolando Lopez (“Defendant Lopez”) on November 12, 2019. (Motion, Friedman Decl., Exh. A.) Following Defendant Lopez’s failure to provide timely responses, Plaintiff extended the deadline to respond to January 13, 2020. (Id. at Exh. B.) Following no response from Defendant Lopez, Plaintiff filed the instant Motion on February 10, 2020. (Motion, Friedman Decl., ¶4.)

At the initial hearing on August 19, 2020, the Court granted the Motion with respect to the Form Interrogatories and continued the matter to allow Plaintiff to pay additional filing fees for the remaining discovery requests. Plaintiff paid the additional fees the same date.

To date, no opposition has been filed.

Discussion

Defendant Lopez has failed to provide verified responses to the discovery requests as required. (Motion, Friedman Decl., Exh. B.) 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.) Further, the motion can be brought any time after the responding party fails to provide the responses.  (Code Civ. Proc., §§ 2030.290; 2031.300.) Based on Defendant Lopez’s failure to serve responses, Plaintiff is entitled to an order compelling service of verified responses to the special interrogatories and requests for production without objections. The Court also deems the requests for admission admitted against Defendant Lopez. (Code Civ. Proc., § 2033.280.)

Defendant Lopez’s failure to timely respond also 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 Lopez 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 20 days this order.

Conclusion

Plaintiff Westlake Services, LLC’s Motion to Compel Responses to Special Interrogatories and Request for Production, to Deem Requests for Admission Admitted, and Request for Monetary Sanctions is GRANTED. DEFENDANT LOPEZ IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION TO THE SPECIAL INTERROGATORIES AND REQUESTS FOR PRODUCTION WITHIN 20 DAYS’ SERVICE OF THIS ORDER. THE REQUESTS FOR ADMISSION ARE DEEMED ADMITTED AGAINST DEFENDANT LOPEZ. DEFENDANT LOPEZ IS FURTHER ORDERED TO PAY SANCTIONS OF $425.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice.

ANALYSIS:

Plaintiff Westlake Services, Inc. (“Plaintiff”) propounded Form Interrogatories, Special Interrogatories, Requests for Admission and Requests for Production of Documents on Defendant Rolando Lopez (“Defendant Lopez”) on November 12, 2019. (Motion, Friedman Decl., Exh. A.) Following Defendant Lopez’s failure to provide timely responses, Plaintiff extended the deadline to respond to January 13, 2020. (Id. at Exh. B.) Following no response from Defendant Lopez, Plaintiff filed the instant Motion on February 10, 2020. (Motion, Friedman Decl., ¶4.)

At the initial hearing on August 19, 2020, the Court granted the Motion with respect to the Form Interrogatories and continued the matter to allow Plaintiff to pay additional filing fees for the remaining discovery requests. Plaintiff paid the additional fees the same date.

To date, no opposition has been filed.

Discussion

Defendant Lopez has failed to provide verified responses to the discovery requests as required. (Motion, Friedman Decl., Exh. B.) 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.) Further, the motion can be brought any time after the responding party fails to provide the responses. (Code Civ. Proc., §§ 2030.290; 2031.300.) Based on Defendant Lopez’s failure to serve responses, Plaintiff is entitled to an order compelling service of verified responses to the special interrogatories and requests for production without objections. The Court also deems the requests for admission admitted against Defendant Lopez. (Code Civ. Proc., § 2033.280.)

Defendant Lopez’s failure to timely respond also 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 Lopez 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 20 days this order.

Conclusion

Plaintiff Westlake Services, LLC’s Motion to Compel Responses to Special Interrogatories and Request for Production, to Deem Requests for Admission Admitted, and Request for Monetary Sanctions is GRANTED. DEFENDANT LOPEZ IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION TO THE SPECIAL INTERROGATORIES AND REQUESTS FOR PRODUCTION WITHIN 20 DAYS’ SERVICE OF THIS ORDER. THE REQUESTS FOR ADMISSION ARE DEEMED ADMITTED AGAINST DEFENDANT LOPEZ. DEFENDANT LOPEZ IS FURTHER ORDERED TO PAY SANCTIONS OF $425.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice.

Case Number: 18STLC07876    Hearing Date: August 19, 2020    Dept: 26

MOTION TO COMPEL RESPONSES TO INTERROGATORIES;

(CCP § 2030.290)

TENTATIVE RULING:

Plaintiff Westlake Services, Inc.’s Motion Compelling Defendant Rolando Lopez 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. Defendant Ronaldo Lopez to pay sanctions of $425.00 to Plaintiff’s counsel within 30 days’ notice of this order.The hearing regarding the remaining discovery and sanctions requests is CONTINUED TO OCTOBER 21, 2020 AT 9:30 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 Defendant Rolando Lopez (“Defendant Lopez”) on November 12, 2019. (Motion, Friedman Decl., Exh. A.) Following Defendant Lopez’s failure to provide timely responses, Plaintiff extended the deadline to respond to January 13, 2020. (Id. at Exh. B.) Following no response from Defendant Lopez, Plaintiff filed the instant Motion on February 10, 2020. (Motion, Friedman Decl., ¶4.) 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 four 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.)

Therefore, the Court will rule on only one discovery request at this time, specifically, the request for compel Defendant Lopez’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 Defendant Lopez’s failure to serve responses, Plaintiff is entitled to an order compelling service of verified responses to the form interrogatories without objections.

Defendant Lopez’s failure to timely respond also 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 Lopez 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.

Regarding the remaining discovery requests, the hearing is CONTINUED TO OCTOBER 21, 2020 AT 9:30 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 THREE (3) REMAINING REQUESTS: (1) compelling Defendant Ronaldo Lopez’s responses to special interrogatories and request for sanctions; (2) compelling Defendant Ronaldo Lopez’s responses to requests for production and request for sanctions; and (3) deeming requests for admission admitted against Ronaldo Lopez’s and request for sanctions. FAILURE TO PAY THE FILING FEES AS ORDERED WILL RESULT IN THE COURT TAKING THE HEARING ON THE REMAINING DISCOVERY REQUESTS OFF CALENDAR.

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