Judge: Curtis A. Kin, Case: 22STCV14511, Date: 2022-12-27 Tentative Ruling

Case Number: 22STCV14511    Hearing Date: December 27, 2022    Dept: 72

MOTIONS TO COMPEL RESPONSES TO FORM INTERROGATORIES-GENERAL, SET ONE FROM (1) LASHAMEKA COLLINS, (2) LABRJON SHIELD, AND (3) DANTE KIMBROUGH (3 MOTIONS)

MOTION TO COMPEL RESPONSES TO SPECIAL INTERROGATORIES, SET ONE FROM LASHAMEKA COLLINS

Date:                                                                                       12/27/22 (8:30 AM)               

Case:                                                                                                   Lashameka Collins et al. v. CS Properties LLC (22STCV14511)

TENTATIVE RULING:

Defendant CS Properties LLC’s UNOPPOSED Motions to Compel Plaintiffs (1) Lashameka Collins; (2) Labrjon Shield, a Minor by and through His Guardian Ad Litem, Lashameka Collins; and (3) Dante Kimbrough, a Minor by and through His Guardian Ad Litem, Lashameka Collins to Respond to First Set of Form Interrogatories are GRANTED.

Defendant CS Properties LLC’s UNOPPOSED Motion to Compel Plaintiff Lashameka Collins to Respond to First Set of Special Interrogatories is GRANTED.

On August 11, 2022, defendant CS Properties LLC served three separate sets of Form Interrogatories-General, Set One on plaintiffs (1) Lashameka Collins; (2) Labrjon Shield, a minor by and through his guardian ad litem, Lashameka Collins; and (3) Dante Kimbrough, a minor by and through his guardian ad litem, Lashameka Collins by email. (Levy Decls. re: Form Interrogatories ¶¶ 3 & Exs. A.) On the same date, defendant CS Properties LLC also served Special Interrogatories, Set One on plaintiff Collins by email. (Levy Decl. re: Special Interrogatories ¶ 3 & Ex. A.) The subject discovery requests were served on counsel for plaintiffs when plaintiffs were represented.

Pursuant to defendant’s agreement, the deadline to serve responses was November 10, 2022. (Levy Decls. ¶¶ 4 & Exs. B; CCP § 2030.270 [parties may agree to extension of deadline to respond to discovery].) Counsel for plaintiffs was subsequently relieved as counsel. (Levy Decls. ¶ 5.) Despite service of the instant motions directly on plaintiffs, no oppositions have been filed.

No responses to the subject discovery have been served. (Levy Decls. ¶ 6.) Accordingly, all objections are waived. (CCP § 2030.290(a).)

The motions are GRANTED. Within fifteen (15) days hereof, plaintiffs Lashameka Collins; Labrjon Shield, a minor by and through his guardian ad litem, Lashameka Collins; and Dante Kimbrough, a minor by and through his guardian ad litem, Lashameka Collins are ordered to serve written verified responses, without objection, to their respective Form Interrogatories-General, Set One propounded by defendant CS Properties LLC. With fifteen (15) days hereof, plaintiff Lashameka Collins is ordered to serve written verified responses, without objection, to Special Interrogatories, Set One, propounded by defendant CS Properties LLC.

For failing to comply with discovery obligations thereby forcing defendant to file four motions, the Court imposes a total of $885.00 in monetary sanctions on each defendant as follows:

·                     $442.50 against plaintiff Lashameka Collins

·                     $221.25 against plaintiff Labrjon Shield, a minor by and through his guardian ad litem, Lashameka Collins

·                     $221.25 against plaintiff Dante Kimbrough, a minor by and through his guardian ad litem, Lashameka Collins

The monetary sanctions are based on 2.5 hours of work preparing all four motions, instead of the 2 hours claimed for each motion, and 0.5 hours attending the hearing for all four motions, instead of the 1 hour claimed for each motion, all at an hourly rate of $215.00, plus a $60.00 filing fee for each motion. The total sanctions are allocated equally to each motion.

Monetary sanctions are to be paid to counsel for defendant CS Properties LLC within 30 days hereof.