Judge Mark E. Windham, Case Number: 23STLC05217, Date: 2024-04-29 Tentative Ruling

Judge: Mark E. Windham, Case: 23STLC05217, Date: 2024-04-29 Tentative Ruling

Case Number: 23STLC05217 Hearing Date: April 29, 2024 Dept: 26

Diaz v. 631 Wilshire Blvd., LLC, et al.

MOTION TO COMPEL RESPONSES TO INTERROGATORIES;

REQUEST FOR SANCTIONS

(CCP §§ 2030.290, 2023.010)

TENTATIVE RULING:

Plaintiff Alejandro Diaz’s (1) Motion to Compel Defendant 631 Wilshire Boulevard, LLC’s Responses to Special Interrogatories, Set One, and Request for Sanctions; and (2) Motion to Compel Defendant BL 631 Wilshire CA, LLC’s Responses to Special Interrogatories, Set One, and Request for Sanctions, are GRANTED. DEFENDANTS ARE TO SERVE VERIFIED RESPONSES TO SPECIAL INTERROGATORIES, SET ONE, WITHOUT OBJECTIONS, WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

DEFENDANT 631 WILSHIRE BOULEVARD, LLC AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $500.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

DEFENDANT BL 631 WILSHIRE CA, LLC AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $500.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

On October 19, 2023, Plaintiff Alejandro Diaz (“Plaintiff”) served Special Interrogatories, Set One, on Defendants 631 Wilshire Boulevard, LLC (“Defendant 631 Wilshire”) and BL 631 Wilshire CA, LLC (Defendant BL 631”). (Motions, Mehrban Decl., Exh. A.) Despite a meet-and-confer effort extending the deadline to serve verified responses without objections, Defendants have not served responses. (Id. at ¶¶4-5 and Exh. B.) Plaintiff filed the instant Motions to Compel Responses to Special Interrogatories, Set One, and Request for Sanctions, on January 24, 2024. No opposition has been filed to date.

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 Defendants’ failure to respond to the propounded discovery, Plaintiff is entitled to an order compelling it to serve verified responses to the discovery requests without objections.

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. Sanctions are awarded against each Defendant and counsel of record in the amount of $500.00 based on one hour of attorney time billed at $500.00 per hour. (Motions, Mehrban Decl., ¶6.)

Conclusion

DEFENDANT 631 WILSHIRE BOULEVARD, LLC AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $500.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

DEFENDANT BL 631 WILSHIRE CA, LLC AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $500.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice.