Motion to Compel Discovery (Judge Yolanda Orozco)


Case Number: 19STCV29693    Hearing Date: July 08, 2020    Dept: 31

MOTIONS TO COMPEL DISCOVERY ARE GRANTED.

Background

On August 21, 2019, the instant action was filed. On January 16, 2020, Plaintiffs Ana Peraza; Deisy Guevara; Victor Guevara; Robert Guevara; and Karen Guevara, by and through her Guardian ad Litem, Ana Peraza filed the Second Amended Complaint (“SAC”) against Defendants Walter J. Rode; W. Jack Rode, individually and as Trustee to the Rode Living Trust; An Marie Rode, individually and as Trustee to the Rode Living Trust; Raymond Theodore Kolby, Jr., individually and as Trustee to the Rode Trust; Enterprise Townhomes HOA; Enterprise Homeowners Association; Professional Realty Consultants, Inc.; and Does 1 through 100. The SAC asserts a single cause of action for wrongful death and personal injuries.

Plaintiffs seek an order compelling Defendant Professional Realty Consultants, Inc. (hereinafter “Defendant”) to serve verified responses without objection to Plaintiffs’ First Set of Form Interrogatories; First Set of Requests for Production of Documents; and First Set of Special Interrogatories.

Legal Standard 

For a motion to compel initial discovery responses, all a propounding party must show is that it properly served its discovery requests, that the time to respond has expired, and that the party to whom the requests were directed failed to provide a timely response. (See Leach v. Superior Court (1980) 111 Cal.App.3d 902, 905 906.) Indeed, “[o]nce [a party] ‘fail[ed] to serve a timely response,’ the trial court had authority to grant [opposing party’s] motion to compel responses.” (Sinaiko Healthcare Counseling, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 405.) By failing to respond, the offending party waives any objection to the demand. (Code Civ. Proc. § 2030.290(a).)

Discussion 

Plaintiffs seek an order compelling Defendant to serve verified responses without objection to Plaintiffs’ First Set of Form Interrogatories; First Set of Requests for Production of Documents; and First Set of Special Interrogatories.

Plaintiffs assert that subject discovery was served on October 29, 2019. (Shaffer Decl. ¶ 2.) Plaintiffs contend that they, without request, voluntarily extended the time to respond up and including February 1, 2020. (Shaffer Decl. ¶ 3.) Plaintiffs argue that to date, no response has been received.

The Court finds that Plaintiffs properly served their First Set of Form Interrogatories; First Set of Requests for Production of Documents; and First Set of Special Interrogatories on Defendant, the time to respond has expired, and Defendant has failed to provide a timely response.

Based on the foregoing, Plaintiffs’ motions to compel responses without objects to their First Set of Form Interrogatories; First Set of Requests for Production of Documents; and First Set of Special Interrogatories is GRANTED.

            Sanctions 

Pursuant to Section 2030.290, “[t]he court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a response to interrogatories, 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.” (Code Civ. Proc. § 2030.290(c).)

Plaintiffs seek $1,500.00 in sanctions against Defendant and its counsel of record, $500 per motion, consisting of 1 hour preparing the moving papers billed at a rate of $500 per hour.

The Court finds that amount of sanctions sought is excessive and therefore unreasonable. Plaintiffs have failed to justify the reasonableness of their attorney’s hourly rate. Accordingly, the Court awards reduced sanctions in the amount of $900, $300 per motion consisting of 1 hour preparing the moving papers billed at a rate of $300 per hour.

Conclusion 

Plaintiffs’ motions to compel responses without objects to their First Set of Form Interrogatories; First Set of Requests for Production of Documents; and First Set of Special Interrogatories is GRANTED. Defendant and its counsel of record are ordered to pay monetary sanctions in the amount of $900 to Plaintiffs within thirty (30) days.

The parties are strongly encouraged to attend all scheduled hearings by telephone or CourtCall. All social distancing protocols will be observed at the Courthouse and in the courtrooms.

 

Moving parties to give notice.