Motion to Compel Plaintiff’s Responses to Defendants’ Request for Supplemental Interrogatories; Request for Supplemental Demand for Production
CASE NUMBER: 23CV-0202275 Tentative Ruling on Motions to Compel Discovery: Defendant Habib Bashir Mohamud filed a Motion to Compel Plaintiff’s Responses to Defendants’ Request for Supplemental Interrogatories, Set One, and Request for Supplemental Demand for Production, Set One. Plaintiff did not oppose the motion. The Court notes the trial in this matter has been continued several times. At the hearing on July 23, 2026, the Court granted Defendants’ request to hear discovery motions after the cut-off date, pursuant to CCP § 2024.05.
Merits. A party has thirty days after service to respond to a Request for Production, Request for Admissions, Form Interrogatories, or Special Interrogatories. CCP §§ 2031.260(a), 2033.250(a), and 2030.260(a). Not providing a timely response to propounded discovery results in a waiver of objections. CCP §§ 2031.300(a). 2033.280(a), and 2030.290(a). If a party to whom a discovery request is directed fails to serve a timely response, the party propounding discovery may move for an order compelling a response.
CCP §§ 2031.300(b) and 2030.290(c). Unlike a motion to compel further responses, a motion to compel responses when no responses have been provided does not require the propounding party to demonstrate good cause or that it satisfied a meet-andconfer requirement. Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal. App. 4th 390. Defendant has provided evidence that discovery was propounded and that Plaintiff did not provide verified responses within the required timeframe.
Sanctions. Monetary sanctions are sought in the amount of $2,310 in each motion. This is comprised of five hours of attorney time on each motion at the rate of $450 per hour plus a filing fee of $60. No evidence was provided to support the hourly rate requested, which is higher than average for Shasta County. The Court finds $300 to be a reasonable hourly rate. No breakdown was provided for the five hours requested on each motion. Given the lack of Opposition, the Court will award 3.5 hours on the Supplemental Interrogatories motion, and 2.5 hours on the Supplemental Demand for Production motion.
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This reflects a reduction of 1.5 hours for not needing to review an Opposition and prepare a substantive Reply and an additional one hour reduction for attending the hearing on the Supplemental Demand for Production motion because the motions will be heard at the same time. This amounts to $1,110 on the Supplemental Interrogatories motion and $810 on the Supplemental Demand for 2
Production motion.
Both motions are GRANTED. Plaintiff is ordered to provide verified, objection free responses within fifteen days of Notice of Entry of Order. Monetary sanctions are imposed in the amounts of $1,110 and $810 as noted above. Defendant provided proposed Orders that will be modified to reflect the Court’s ruling.
KUHN, ET AL. VS. DIGNITY HEALTH, ET AL.