Judge: Cherol J. Nellon, Case: 20STCV07354, Date: 2023-05-22 Tentative Ruling

Case Number: 20STCV07354    Hearing Date: May 22, 2023    Dept: 28

Ruling on Defendant Astri Matallana's Unopposed Motions to Compel Responses to Form Interrogatories, Special Interrogatories and Request for Production

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

On September 14, 2022, Defendant Astri Matallana served Form Interrogatories, Set No. One, Special Interrogatories, Set No. One, and Request for Production of Documents, Set No. One, on Plaintiff Rachel Alcantar.

Responses were due on October 18, 2022. Plaintiff Rachel Alcantar failed to provide timely responses. Defendant Astri Matallana now moves 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 Plaintiff Rachel Alcantar to provide verified responses to the interrogatories compliant with Code of Civ. Proc. §§ 2030.210 (a) and 2030.220 without objections by June 21, 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 Plaintiff Rachel Alcantar 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 June 21, 2023.

Defendant Astri Matallana requests monetary sanctions totaling $1,560.00.

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 $900.00, calculated as follows:

Defendant requests $780.00 for each motion, based on 4 hours of attorney’s work at a rate of $180.00 per hour and 1 $60.00 filling fee. 3 hours were spent drafting the motions and 1 hour is anticipated in attending the hearing on the motion. The Court notes both motions are substantially similar, unopposed and will be heard concurrently. Additionally, the Court notes that Defendant’s Motion to Compel Interrogatories should have been filed as two separate

motions—one for form interrogatories, and one for special interrogatories. Defendant is ordered to pay one additional filling fee. The Court grants sanctions totaling $900.00, based on 4 hours of attorney’s work and 3 filling fees.

Sanctions total $900.00 and are payable by Plaintiff Rachel Alcantar and her counsel by June 21, 2023.

Defendant Astri Matallana is ordered to pay one additional $60.00 filling fee.

Moving Party is to give notice of this ruling.