Judge: Cherol J. Nellon, Case: 21STCV19946, Date: 2023-05-09 Tentative Ruling

Case Number: 21STCV19946    Hearing Date: May 9, 2023    Dept: 28

Ruling on Defendant Ralphs Grocery Company dba Food 4 Less' Unopposed Motions to Compel Responses to Form Interrogatories, Special Interrogatories and Request for Production

Having reviewed Defendant Ralphs Grocery Company dba Food 4 Less's unopposed Motions to Compel Responses to Form Interrogatories, Special Interrogatories, and Request for Production of Documents, the Court rules as follows.

On December 12, 2022, Defendant Ralphs Grocery Company dba Food 4 Less served Form Interrogatories, Set No. One, Special Interrogatories, Set No. One, and Request for Production of Documents, Set No. One, on Plaintiff Lenard Keaton.

Responses were due on January 27, 2023. Plaintiff Lenard Keaton failed to provide timely responses. Defendant Ralphs Grocery Company dba Food 4 Less 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 Lenard Keaton to provide verified responses to the interrogatories compliant with Code of Civ. Proc. §§ 2030.210 (a) and 2030.220 without objections by June 8, 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 Lenard Keaton 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 8, 2023.

Defendant Ralphs Grocery Company dba Food 4 Less requests monetary sanctions totaling $3,255.00.

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 $795.00 calculated as follows:

Defendant requests sanctions totaling $1,085.00 for each motion, based on 5 hours of attorney’s work at a rate of $205.00 per hour and 1 $60.00 filling fee. 2.5 hours were spent drafting the motion, and 2.5 hours are anticipated in preparing a reply and attending the hearing on this matter. The Court notes all motions are substantially similar, all unopposed and all will be heard concurrently. The Court grants sanctions totaling $795.00, based on 4 hours of attorney’s work and 3 filling fees.

The sanctions total $795.00 and are payable by Plaintiff Lenard Keaton and his counsel by June 8, 2023.

Moving Party is to give notice of this ruling.