Judge: Cherol J. Nellon, Case: 20STCV37831, Date: 2023-04-04 Tentative Ruling

Case Number: 20STCV37831    Hearing Date: April 4, 2023    Dept: 28

Ruling on Defendant Elaine Carol Witham’s Unopposed Motions to Compel Responses to Form Interrogatories, Special Interrogatories and Request for Production

            Having reviewed Defendant Elaine Carol Witham’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 Elaine Carol Witham served Form Interrogatories, Set No. One, Special Interrogatories, Set No. One, and Request for Production of Documents, Set No. One, on Plaintiffs Gloria Lopez and Jennifer Lopez.

            Responses were due on June 7, 2022. Plaintiffs Gloria Lopez and Jennifer Lopez have failed to provide timely responses. Defendant Elaine Carol Witham 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 Gloria Lopez and Jennifer Lopez to provide verified responses to the interrogatories compliant with Code of Civ. Proc. §§ 2030.210 (a) and 2030.220 without objections by May 4, 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 Gloria Lopez and Jennifer Lopez 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 May 4, 2023.

Defendant Elaine Carol Witham requests monetary sanctions totaling $5,409.00

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 $1,839.00, calculated as follows:

Defendant requests $901.50 in sanctions for each motion; this is based on a collective 4 hours of attorney’s work at a rate of $210.00 per hour and 1 $60.00 filling fee. 2 hours were spent drafting the motion, 1 hour anticipated to reply to any opposition and 1 hour 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 $1,839.00, based on 7 hours of attorney’s work and 6 filling fees. As there are two Plaintiffs, the Court splits the sanctions evenly between the parties, with each paying $919.50 in sanctions.

The sanctions total $919.50 and are payable by Plaintiff Jennifer Lopez and her counsel by May 4, 2023.

The sanctions total $919.50 and are payable by Plaintiff Gloria Lopez and her counsel by May 4, 2023.

Moving Party is to give notice of this ruling.