Judge: Cherol J. Nellon, Case: 22STCV00508, Date: 2023-03-21 Tentative Ruling

Case Number: 22STCV00508    Hearing Date: March 21, 2023    Dept: 28

Ruling on Defendant Abode Communities, Inc.’s Unopposed Motion to Compel Responses to Requests for Production

Having reviewed Defendant Abode Communities, Inc.’s unopposed Motion to Compel Responses to Requests for Production, the Court rules as follows.

            On October 26, 2022, Defendant Abode Communities, Inc. served Requests for Production, Set No. One, on Plaintiff Kenneth Anderson.

            Responses were due December 27, 2022. Plaintiff Kenneth Anderson has failed to provide timely responses.  Defendant Abode Communities, Inc. now moves to compel Code-compliant responses and the requested production. 

            The Court grants the motion pursuant to Code of Civ. Proc. § 2031.300 and orders Plaintiff Kenneth Anderson 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 20, 2023.

Defendant Abode Communities, Inc. requests monetary sanctions totaling $801.00.

            The Court awards sanctions pursuant to Code of Civ. Proc. § 2023.030 (a) and Code of Civ. Proc. § 2031.300 (c) in the amount of $450.00, calculated as follows:

Defendant requests $801.00 in sanctions, based upon 3.8 hours of attorney’s time at a rate of $195.00 per hour and 1 $60.00 filling fee. 1.3 hours were spent drafting the motion and 2.5 hours are anticipated to be spent appearing at the hearing. The Court notes that the motion is unopposed and is substantially similar to two motions heard recently. The Court grants sanctions totaling $450.00, based on 2 hours of attorney’s work and 1 $60.00 filling fee.

The sanctions total $450.00 and are payable by Plaintiff Kenneth Anderson and his counsel by April 20, 2023.

Moving Party is to give notice of this ruling.