Romero v. Padilla, et al.
MOTION TO COMPEL RESPONSES TO INTERROGATORIES, REQUEST FOR PRODUCTION; REQUEST FOR SANCTIONS
(CCP §§ 2030.290; 2031.300)
TENTATIVE RULING:
Defendant Veronica Marquez Padilla’s (1) Motion For Order Compelling Plaintiff Jose Romero To Respond to Form Interrogatories; Request for Sanctions; (2) Motion For Order Compelling Plaintiff Jose Romero To Respond to Special Interrogatories; Request for Sanctions; and (3) Motion For Order Compelling Plaintiff Jose Romero to Respond to Request for Production of Documents; Request For Sanctions are GRANTED.
PLAINTIFF JOSE ROMERO IS ORDERED TO SERVE VERIFIED RESPONSES WITHOUT OBJECTIONS TO THE INTERROGATORIES AND REQUESTS FOR PRODUCTION WITHIN 20 DAYS’ NOTICE OF THIS ORDER. THE REQUEST FOR SANCTIONS IS ALSO GRANTED JOINTLY AND SERVERALLY AGAINST PLAINTIFF ROMERO AND HIS COUNSEL OF RECORD IN THE AMOUNT OF $380.00. SANCTIONS ARE TO BE PAID TO DEFENSE COUNSEL WITHIN 30 DAYS’ NOTICE OF THIS ORDER.
ANALYSIS:
Plaintiffs Jose Romero and Jessica Duran (“Plaintiffs”) filed the instant action for motor vehicle negligence against Defendant Veronica Marquez Padilla (“Defendant”) on April 12, 2019. On December 3, 2019, Defendant filed the instant discovery Motions. To date, no oppositions have been filed.
On July 31, 2019, Defendant served Form Interrogatories, Special Interrogatories, and Requests for Production of Documents on Plaintiff Romero by mail. (Motions, Muhtaseb Decl., ¶3 and Exh. A.) To date, Defendant has not received verified responses to the propounded discovery requests from Plaintiff Romero. (Id. at ¶¶4-9.) Accordingly, Defendant is entitled to an order that Plaintiff Romero serve verified responses without objection to the written discovery propounded by Defendant on July 31, 2019. The Court also finds that Plaintiff Romero’s failure to respond is 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. However, the amount sought is excessive given the simplicity of these nearly identical motions. Sanctions are awarded jointly and severally against Plaintiff Romero and his counsel of record in the amount of $380.00 based on one hour of attorney time billed at $200.00 per hour, and three filing fees of $60.00 each. (Motions, Muhtaseb Decl., ¶9.)
Therefore, Defendant Veronica Marquez Padilla’s (1) Motion For Order Compelling Plaintiff Jose Romero To Respond to Form Interrogatories; Request for Sanctions; (2) Motion For Order Compelling Plaintiff Jose Romero To Respond to Special Interrogatories; Request for Sanctions; and (3) Motion For Order Compelling Plaintiff Jose Romero to Respond to Request for Production of Documents; Request For Sanctions are GRANTED.
PLAINTIFF JOSE ROMERO ARE ORDERED TO SERVE VERIFIED RESPONSES WITHOUT OBJECTIONS TO THE INTERROGATORIES AND REQUESTS FOR PRODUCTION WITHIN 20 DAYS’ NOTICE OF THIS ORDER. THE REQUEST FOR SANCTIONS IS ALSO GRANTED JOINTLY AND SERVERALLY AGAINST PLAINTIFF ROMERO AND HIS COUNSEL OF RECORD IN THE AMOUNT OF $380.00. SANCTIONS ARE TO BE PAID TO DEFENSE COUNSEL WITHIN 30 DAYS’ NOTICE OF THIS ORDER.
Moving party to give notice.