Judge: Cherol J. Nellon, Case: 21STCV42623, Date: 2023-04-14 Tentative Ruling

Case Number: 21STCV42623    Hearing Date: April 14, 2023    Dept: 28

Ruling on Cross Defendant Dmitriy Banov's Unopposed Motions to Compel Responses to Form Interrogatories, Special Interrogatories and Request for Production

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

On November 11, 2022, Cross Defendant Dmitriy Banov served Form Interrogatories, Set No. One, Special Interrogatories, Set No. One, and Request for Production of Documents, Set No. One, on Cross Complainant Nicholas Dahlke.

Responses were due on December 13, 2022. Cross Complainant Nicholas Dahlke failed to provide timely responses. Cross Defendant Dmitriy Banov 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 Cross Complainant Nicholas Dahlke to provide verified responses to the interrogatories compliant with Code of Civ. Proc. §§ 2030.210 (a) and 2030.220 without objections by April 23, 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 Cross Complainant Nicholas Dahlke 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 23, 2023.

Cross Defendant Dmitriy Banov requests monetary sanctions totaling $2,660.00

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 $1,180.00 calculated as follows:

Cross Defendant requests $1,330.00 in sanctions for each motion, based on 5 hours of attorney’s work at a rate of $250.00 per hour, 1 $60.00 filling fee and 1 $20.00 parking fee. 1 hour was spent drafting the motion, 2 hours are anticipated in reviewing and replying to any

opposition and 2 hours are anticipated in attending the hearing. The Court notes both motions are substantially similar, all unopposed and all will be heard concurrently. The Court also will not order any sanctions based on “parking fees”. Additionally, the Court notes that the Motion for Interrogatories should have been filed as two separate motions; Cross Defendant is ordered to file one additional $60.00 filling fee to account for this mistake. The Court grants sanctions totaling $1,180.00, based on 4 hours of attorney’s work and 3 filling fees.

The sanctions total $1,180.00 and are payable by Cross Complainant Nicholas Dahlke and his counsel by May 14, 2023.

Cross Defendant Dmitriy Banov is ordered to pay one additional $60.00 filling fee.

Moving Party is to give notice of this ruling.