Judge: Cherol J. Nellon, Case: 22STCV28090, Date: 2023-05-24 Tentative Ruling

Case Number: 22STCV28090    Hearing Date: May 24, 2023    Dept: 28

Ruling on Defendants Seth Thomas Byers and Hasmik C. Byers' Unopposed Motions to Compel Responses to Form Interrogatories, Special Interrogatories and Request for Production

Having reviewed Defendants Seth Thomas Byers and Hasmik C. Byers's unopposed Motions to Compel Responses to Form Interrogatories, Special Interrogatories, and Request for Production of Documents, the Court rules as follows.

On October 20, 2022, Defendants Seth Thomas Byers and Hasmik C. Byers served Form Interrogatories, Set No. One, Special Interrogatories, Set No. One, and Request for Production of Documents, Set No. One, on Plaintiff Joseph David Graham.

Responses were due on January 26, 2023. Plaintiff Joseph David Graham failed to provide timely responses. Defendants Seth Thomas Byers and Hasmik C. Byers 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 Joseph David Graham to provide verified responses to the interrogatories compliant with Code of Civ. Proc. §§ 2030.210 (a) and 2030.220 without objections by June 3, 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 Joseph David Graham 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 3, 2023.

Defendants Seth Thomas Byers and Hasmik C. Byers 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 $820.68 calculated as follows:

Defendant requests $455.34 for each motion, based on 2 hours of attorney’s work at a rate of $160.17 per hour, 1 hour of legal assistant work at a rate of $75.00 per hour and 1 $60.00 filling fee. The Court notes all motions are substantially similar, all unopposed and all will be heard concurrently. The Court will not award sanctions based on legal assistant’s work. The Court grants sanctions totaling $820.68, based on 4 hours of attorney’s work and 3 filling fees.

Sanctions total $820.68 and are payable by Plaintiff Joseph David Graham and his counsel by June 3, 2023.

Moving Party is to give notice of this ruling.