DARLENE THOMAS VS CITY OF GARDENA

Motions to Compel Responses to Special Interrogatories and Request for Production (Both Set Two)

Having considered the moving and opposing papers, the Court rules as follows. reply papers have been filed.

BACKGROUND

On October 13, 2017, Plaintiff Darlene Thomas (“Plaintiff”) filed a complaint against Defendant City of Gardena.  Plaintiff alleges negligence arising from an automobile collision that occurred on December 9, 2016.

On May 4, 2018, Plaintiff filed an amendment to her complaint to rename Doe 2 as Defendant Rafael Antonio Lemus (“Defendant Lemus”).

On September 22, 2020, Defendant Lemus filed motions to compel Plaintiff’s responses to Special Interrogatories and Request for Production (Both Set Two) pursuant to California Code of Civil Procedure sections 2030.290 and 2031.300.

Trial is set for September 30, 2021.

PARTIES’ REQUESTS

Defendant Lemus asks the Court to compel Plaintiff to serve verified responses without objections to Special Interrogatories and Request for Production (Both Set Two).

Defendant Lemus also asks the Court to impose $616.00 in monetary sanctions against Plaintiff for Plaintiff’s abuse of the discovery process.

Plaintiff asks the Court to impose $1,116.00 in monetary sanctions against Defendant Lemus and his counsel of record for bringing frivolous motions.

LEGAL STANDARD

If a party to whom interrogatories are directed fails to serve a timely response, the propounding party may move for an order compelling responses and for a monetary sanction.  (Code Civ. Proc., § 2030.290, subd. (b).)  The statute contains no time limit for a motion to compel where no responses have been served.  All that need be shown in the moving papers is that a set of interrogatories was properly served on the opposing party, that the time to respond has expired, and that no response of any kind has been served.  (Leach v. Superior Court (1980) 111 Cal.App.3d 902, 905-906.)

Where there has been no timely response to a demand for the production of documents, the demanding party may seek an order compelling a response.  (Code Civ. Proc., § 2031.300, subd. (b).)  Failure to timely respond waives all objections, including privilege and work product.  (Code Civ. Proc., § 2031.300, subd. (a).)  Thus, unless the party to whom the demand was directed obtains relief from waiver, he or she cannot raise objections to the documents demanded.  There is no deadline for a motion to compel responses.  Likewise, for failure to respond, the moving party need not attempt to resolve the matter outside court before filing the motion.

Under California Code of Civil Procedure section 2023.030, subd. (a), “[t]he court may impose a monetary sanction ordering that one engaging in the misuse of the discovery process, or any attorney advising that conduct, or both pay the reasonable expenses, including attorney’s fees, incurred by anyone as a result of that conduct. . . . If a monetary sanction is authorized by any provision of this title, the court shall impose that sanction unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.”  Failing to respond or to submit to an authorized method of discovery is a misuse of the discovery process.  (Code Civ. Proc., § 2023.010.)

Sanctions are mandatory in connection with motions to compel responses to interrogatories and requests for production of documents against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel unless the court “finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.”  (Code Civ. Proc., §§ 2030.290, subd. (c), 2031.300, subd. (c).)

California Rules of Court, rule 3.1348, subdivision (a) states: “[t]he court may award sanctions under the Discovery Act in favor of a party who files a motion to compel discovery, even though no opposition to the motion was filed, or opposition to the motion was withdrawn, or the requested discovery was provided to the moving party after the motion was filed.”

DISCUSSION

On June 24, 2020, Defendant Lemus served Special Interrogatories and Request for Production (Both Set Two) on Plaintiff by email.  (Both Dacey Declarations, ¶ 2, Exh. A.)  On November 17, 2020, Plaintiff served the outstanding discovery responses.  (Both Grigoryan Declarations, ¶ 4, Exh. 2.)

The Court finds Plaintiff’s responses are properly compelled.  Plaintiff’s responses to Defendant Lemus’ Special Interrogatories (Set Two) served on November 17, 2020 are laced with objections and are unverified.  Defendant Lemus had granted continuances for Plaintiff to provide the outstanding responses on multiple occasions with the caveat that the responses do not contain objections.  (See Both Dacey Declarations, ¶¶ 9, 11, Exh. C-D.)  Moreover, Plaintiff’s unverified responses are akin to no responses at all. (See Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 636.)

The Court finds Defendant Lemus’ request for $616.00 in monetary sanctions against Plaintiff for Plaintiff’s abuse of the discovery process is reasonable.

CONCLUSION

The motions are GRANTED.

Plaintiff is ordered to serve verified responses without objections to Defendant Lemus’ Special Interrogatories and Request for Production (Both Set Two) within twenty days of this ruling.

Plaintiff is also ordered to pay Defendant Lemus $616.00 within thirty days of this ruling.

Plaintiff’s request for sanctions is DENIED.

Defendant Lemus is ordered to give notice of this ruling.

Defendant Lemus is ordered to file the proof of service of this ruling with the Court within five days.

The parties are directed to the header of this tentative ruling for further instructions.