Judge: Curtis A. Kin, Case: 22STCV29724, Date: 2023-03-09 Tentative Ruling

Case Number: 22STCV29724    Hearing Date: March 9, 2023    Dept: 72

MOTIONS TO COMPEL RESPONSES TO:

(1) FORM INTERROGATORIES-GENERAL; AND

(2) FORM INTERROGATORIES-EMPLOYMENT

  

Date:               3/9/23 (8:30 AM)

Case:               Natalie Marie Porretta v. Andy Hwan Bae (22STCV29724)

  

TENTATIVE RULING :

 

Plaintiff Natalie Porretta’s UNOPPOSED Motion to Compel Responses to Form Interrogatories-General, Set One is GRANTED.

 

Plaintiff Natalie Porretta’s UNOPPOSED Motion to Compel Responses to Form Interrogatories-Employment Law, Set One is GRANTED.

 

On October 17, 2022, plaintiff Natalie Porretta served Form Interrogatories-General, Set One and Form Interrogatories-Employment Law, Set One on defendant Andy Hwan Bae by mail. (Ritivoiu Decls. ¶¶ 2 & Exs. A.) Pursuant to plaintiff’s agreement to multiple extensions of the time to respond, the deadline to serve responses to the interrogatories was January 10, 2023. (Ritivoiu Decls. ¶¶ 6; CCP § 2030.270 [parties may agree to extension of deadline to respond to discovery].) No responses to the subject discovery have been served. (Ritivoiu Decls. ¶ 6.) Accordingly, all objections are waived. (CCP § 2030.290(a).)

 

The motions are GRANTED. Within 15 days of this ruling, defendant Andy Hwan Bae is ordered to serve written verified responses, without objection, to Form Interrogatories-General, Set One and Form Interrogatories-Employment Law, Set One.

 

For failing to comply with discovery obligations thereby forcing plaintiff to file these two motions, the Court imposes a total of $1,057.50 in monetary sanctions on defendant Andy Hwan Bae. The monetary sanctions are based on 2 hours of work preparing both motions, instead of the 3 hours claimed for preparing each motion and 1 hour claimed for drafting replies for each motion, and 0.5 hours attending the hearing for both motions, instead of the 1 hour claimed for each motion, all at an hourly rate of $375.00, plus a $60.00 filing fee for each motion. Monetary sanctions shall be paid to counsel for plaintiff Natalie Porretta within 30 days hereof.