Judge: Cherol J. Nellon, Case: 21STCV18367, Date: 2023-04-06 Tentative Ruling

Case Number: 21STCV18367    Hearing Date: April 6, 2023    Dept: 28

Ruling on Plaintiffs Toyan Johnson and Alicia Broadway’s Unopposed Motions to Compel Responses to Form Interrogatories, Special Interrogatories, and Request for Production, and to Deem Request for Admissions Admitted

            Having reviewed Plaintiffs Toyan Johnson and Alicia Broadway’s unopposed Motions to Compel Responses to Form Interrogatories, Special Interrogatories and Request for Production of Documents, and to Deem Request for Admissions Admitted, the Court rules as follows.

            On December 22, 2021, Plaintiffs Toyan Johnson and Alicia Broadway served Form Interrogatories, Set No. One, Special Interrogatories, Set No. One, Request for Production of Documents, Set No. One, and Request for Admissions, Set One, on Defendant Clinton Anthony Demacias.

            Responses were due on October 10, 2022. Defendant Clinton Anthony Demacias failed to provide timely responses. Plaintiffs Toyan Johnson and Alicia Broadway now move to compel code-compliant responses and deem the requests for admissions admitted.

            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 Defendant Clinton Anthony Demacias to provide verified responses to the interrogatories compliant with Code of Civ. Proc. §§ 2030.210 (a) and 2030.220 without objections by April 26, 2023. The Court grants the motion pursuant to Code of Civ. Proc. § 2033.280 and deems the requests to be admitted. 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 Defendant Clinton Anthony Demacias 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 26, 2023.

Plaintiffs Toyan Johnson and Alicia Broadway request monetary sanctions totaling $1,500.00. The Court awards sanctions pursuant to Code of Civ. Proc. § 2023.030 (a), Code of Civ. Proc. § 2030.290 (c), Code of Civ. Proc. § 2033.280 (c) and Code of Civ. Proc. § 2031.300 (c) in the amount of $1,240.00, calculated as follows:

Plaintiffs request $1,860.00 in sanctions for each motion, based upon 3 hours of attorney’s work at a rate of $600.00 per hour and 1 $60.00 filling fee. 1.5 hours were spent drafting, .5 hours is anticipated in reviewing opposition and 1 hour is anticipated in attending the hearing. The Court notes the motions are unopposed, substantially similar and set to be heard concurrently. The Court also notes that the motion to compel interrogatories should have been filed as two separate motions, with one for each piece of discovery. Plaintiffs are ordered to pay one additional $60.00 filling fee, as should have originally been paid. The Court awards sanctions totaling $1,240.00, based on 4 hours of attorney’s work at a reasonable rate of $250.00 per hour and 4 $60.00 filling fees.

The sanctions total $1,240.00 and are payable by Defendant Clinton Anthony Demacias and his counsel by April 26, 2023.

Plaintiff is ordered to pay one additional $60.00 filling fee.

Moving Party is to give notice of this ruling.