Judge: Barbara M. Scheper, Case: 20STCV30898, Date: 2022-09-28 Tentative Ruling

Case Number: 20STCV30898    Hearing Date: September 28, 2022    Dept: 30

Dept. 30

Calendar No.

Burris vs. Montebello Unified
School District, et. al., Case No. 20STCV30898

Tentative Ruling re: 
Defendant’s Motion to Compel Responses to Special Interrogatories and
Requests for Production of Documents

On July 15, 2022, Defendant served on Plaintiff via email
the Special Interrogatories (Set Two) and Requests for Production (Set Two).
Plaintiff did not request any extension and did not respond by the deadline on
August 16, 2022. (Aguilar Decl. ¶¶ 5-7.)

On August 19, 2022, Plaintiff’s counsel emailed Defendant’s
counsel that Plaintiff did not respond to the discovery request because the
subject line of the email containing the address listed the wrong school
district in the subject line. (Aguilar Decl. ¶ 11, Ex. 5.) However, the
discovery requests themselves properly identified the correct school district,
and counsel for Defendant had also reminded Plaintiff of the discovery on two
other occasions. (Ibid.)

            Plaintiff
has not responded to the discovery as of the filing of this motion on August
31, 2022. (Aguilar Decl. ¶ 15.)

The motions are unopposed.

The motions are granted. Plaintiff is ordered to respond and
produce documents, without objection, within ten (10) days of today’s date.

“The 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.” (Code Civ. Proc. § 2023.030, subd. (a).)

            Monetary
sanctions are warranted for Plaintiff’s failure to respond. Defendant requests
sanctions in the amount of $1,170 per motion (2 total), at a rate of $180 per
hour, for .5 hours to meet and confer, 3 hours to prepare the motion, and 3
hours to review Plaintiff’s opposition and draft a reply. (Aguilar Decl. ¶ 16.)
Because Plaintiff has not opposed either motion, three hours should be
subtracted from each motion. Accordingly, sanctions are awarded against
Plaintiff and her counsel in the amount of $630 per motion, or $1,260 total.  Plaintiff and Plaintiff’s counsel are ordered
to pay Defendant’s counsel $1,260 within thirty (30) days of today’s date.