Judge: Colin Leis, Case: 20STCV30395, Date: 2023-07-11 Tentative Ruling

Case Number: 20STCV30395    Hearing Date: November 17, 2023    Dept: 74

Jackson Stoops, et al. v. Stephen Wei-Liang Leng, et al.

Plaintiff’s Motion to Compel Further Responses to Supplemental Interrogatories and Request for Monetary Sanctions

BACKGROUND 

            This action arises from a dispute over shoes.

            On August 10, 2020, Plaintiffs Jackson Stoops and Guiding Hands Social Club, LLC (Plaintiffs) filed a complaint against Defendant Stephen Wei-Liang Leng (Defendant) and others.

            On July 13, 2023, Plaintiffs served Defendant with supplemental interrogatories.

            On August 14, 2023, Defendant responded with boilerplate objections.

            On September 25, 2023, Plaintiffs filed this motion to compel further responses.

LEGAL STANDARD

¿¿            A propounding party may move for an order compelling a further response to interrogatories if the propounding party deems that an answer to a particular interrogatory is evasive or incomplete, or that an objection to an interrogatory is without merit or too general. (Code Civ. Proc., § 2030.300, subd. (a).) Such a motion must be accompanied by a meet and confer declaration. (Code Civ. Proc., § 2030.300, subd. (b).)

DISCUSSION

            Given Defendant’s non-opposition and agreement to provide supplemental responses, the court finds this motion moot. The issue of sanctions remains, though. Plaintiffs’ counsel has substantiated his request for attorney fees with a reasonable hourly rate and breakdown of work performed. (Crites, Decl., ¶ 6). But since a reply is not necessary, the court will reduce the award to $1,840 ($400 x (3.6 hours preparing motion + 1 hour preparing for and attending hearing).

CONCLUSION 

Based on the foregoing, the court finds this motion moot. Defendant shall pay Plaintiffs’ counsel attorney fees in the sum of $1,840 by December 17, 2023.

Plaintiffs are ordered to give notice.

Jackson Stoops, et al. v. Stephen Wei-Liang Leng, et al.

Plaintiffs’ Motion to Compel Further Responses to Supplemental Requests for Production of Documents and Request for Monetary Sanctions

BACKGROUND 

            This action arises from a dispute over shoes.

            On August 10, 2020, Plaintiffs Jackson Stoops and Guiding Hands Social Club, LLC (Plaintiffs) filed a complaint against Defendant Stephen Wei-Liang Leng (Defendant) and others.

            On July 13, 2023, Plaintiffs served Defendant with supplemental requests for production of documents (RFPs).

            On August 14, 2023, Defendant responded with boilerplate objections.

            On September 25, 2023, Plaintiffs filed this motion to compel further responses.

LEGAL STANDARD

¿¿            A propounding party may move for an order compelling a further response to a demand for inspection if the propounding party deems that an answer or statement of compliance is evasive or incomplete, or that an objection is “without merit or too general.” (Code Civ. Proc., § 2031.310, subd. (a).) Such a motion must set forth specific facts showing good cause for the discovery sought and be accompanied by a meet and confer declaration. (Code Civ. Proc., §§ 2031.310, subd. (b), 2031.210, subd. (b).) ¿  

DISCUSSION

            Given Defendant’s non-opposition and agreement to provide supplemental responses, the court finds this motion moot. The issue of sanctions remains, though. Plaintiffs’ counsel has substantiated his request for attorney fees with a reasonable hourly rate and breakdown of work performed. (Crites, Decl., ¶ 6). But since this motion largely duplicates Plaintiffs’ motion to compel further responses to supplemental interrogatories and a reply is not necessary, the court will reduce the award to $400 ($400 x (1 hour preparing motion).

CONCLUSION 

Based on the foregoing, the court finds this motion moot. Defendant shall pay Plaintiffs’ counsel attorney fees in the sum of $400 by December 17, 2023.

Plaintiffs are ordered to give notice.