Judge: Cherol J. Nellon, Case: 19STCV16903, Date: 2023-04-13 Tentative Ruling

Case Number: 19STCV16903    Hearing Date: April 13, 2023    Dept: 28

Ruling on Defendants Beth A. Moore, M.D. and California Colorectal Surgeons' Unopposed Motions to Compel Responses to Form Interrogatories, Special Interrogatories and Request for Production

Having reviewed Defendants Beth A. Moore, M.D. and California Colorectal Surgeons' unopposed Motions to Compel Responses to Form Interrogatories, Special Interrogatories, and Request for Production of Documents, the Court rules as follows.

On September 29, 2022, Defendants Beth A. Moore, M.D. and California Colorectal Surgeons served Form Interrogatories, Set No. One, Special Interrogatories, Set No. One, and Request for Production of Documents, Set No. One, on Plaintiffs Deborah Schwartz, Margaret Gough and Louise Gough.

Responses were due on October 31, 2022. Plaintiffs Deborah Schwartz, Margaret Gough and Louise Gough failed to provide timely responses. Defendants Beth A. Moore, M.D. and California Colorectal Surgeons now move to compel code-compliant responses.

The Court grants the motions to compel responses to the form and special interrogatories pursuant to Code of Civ. Proc. § 2030.290(b) and orders Plaintiffs Deborah Schwartz, Margaret Gough and Louise Gough to provide verified responses to the interrogatories compliant with Code of Civ. Proc. §§ 2030.210 (a) and 2030.220 without objections by April 23, 2023. The Court grants the motion to compel responses to the request for production and production of items pursuant to Code of Civ. Proc. § 2031.300 and orders Plaintiffs Deborah Schwartz, Margaret Gough and Louise Gough to provide verified responses pursuant to Code of Civ. Proc. § 2031.210 and to produce the documents, electronically stored information, and/or other things requested without objections by April 23, 2023.

Defendants Beth A. Moore, M.D. and California Colorectal Surgeons request monetary sanctions totaling $2,760.00

The Court awards sanctions pursuant to Code of Civ. Proc. § 2023.030 (a), Code of Civ. Proc. § 2030.290 (c) and Code of Civ. Proc. § 2031.300 (c) in the amount of $1,060.00 calculated as follows:

Defendants request $920.00 in sanctions for each motion, based on 4 hours of attorney’s work at a rate of $220.00 per hour and 1 $60.00 filling fee. Based on the breakdown of attorney’s time, the requested amount should be $940.00 per motion, but Defendants only requested $920.00. 1 hour was spent drafting the motion, 1.5 hours are anticipated in replying to any opposition and 1.5 hours are anticipated in attending the hearing on the motion. The Court notes all motions are substantially similar, all unopposed and all will be heard concurrently. The Court grants sanctions totaling $1,060.00, based on 4 hours of attorney’s work and 3 filling fees.

The sanctions total $1,060.00 and are payable by Plaintiffs Deborah Schwartz, Margaret Gough and Louise Gough and their counsel by May 13, 2023.

Moving Party is to give notice of this ruling.