Judge: Cherol J. Nellon, Case: 20STCV04111, Date: 2023-04-07 Tentative Ruling

Case Number: 20STCV04111    Hearing Date: April 7, 2023    Dept: 28

Ruling on Defendant Difawn Long’s Unopposed Motions to Compel Responses to Form Interrogatories, Special Interrogatories and Request for Production

            Having reviewed Defendant Difawn Long’s unopposed Motions to Compel Responses to Form Interrogatories, Special Interrogatories, and Request for Production of Documents, the Court rules as follows.

            On May 4, 2022, Defendant Difawn Long served Form Interrogatories, Set No. One, Special Interrogatories, Set No. One, and Request for Production of Documents, Set No. One, on Plaintiffs Mario Arzapalo and Olivia Arzapalo.

            Responses were due on June 8, 2022. Plaintiffs Mario Arzapalo and Olivia Arzapalo have failed to provide timely responses. Defendant Difawn Long 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 Mario Arzapalo and Olivia Arzapalo to provide verified responses to the interrogatories compliant with Code of Civ. Proc. §§ 2030.210 (a) and 2030.220 without objections by April 22, 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 Mario Arzapalo and Olivia Arzapalo 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 22, 2023.

Defendant Difawn Long requests monetary sanctions totaling $2,280.00

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 $880.00, calculated as follows:

Defendant requests $760.00 in sanctions for each motion, based on 4 hours of attorney’s work at a rate of $175.00 per hour and 1 $60.00 filling fee. 2 hours were spent drafting the motion, and 2 hours are anticipated for appearing at 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 $880.00 across all motions, based on 4 hours of attorney’s work and 3 filling fees.  

The sanctions total $880.00 and are payable by Plaintiffs Mario Arzapalo and Olivia Arzapalo and their counsel by May 7, 2023.

Moving Party is to give notice of this ruling.