Judge: Daniel M. Crowley, Case: 19STCV37566, Date: 2022-10-27 Tentative Ruling

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Case Number: 19STCV37566    Hearing Date: October 27, 2022    Dept: 28

Case Name: Ariella Hatanian v. Victory De Luna
Hearing Date: October 27, 2022
Case No.: 19STCV37566

Ruling on Plaintiff Ariella Hatanian’s Unopposed Motions to Compel Responses to Form Interrogatories and Request for Production.

            Having reviewed Plaintiff Ariella Hatanian’s unopposed Motions to Compel Responses to Form Interrogatories and Request for Production of Documents, the Court rules as follows.

            On May 17, 2021, Plaintiff Ariella Hatanian served Form Interrogatories, Set No. One, Special Interrogatories, Set No. One, and Request for Production of Documents, Set No. One on Defendant Victor De Luna.

            Responses were due on June 20, 2022. Defendant Victor De Luna has failed to provide timely responses. Plaintiff Ariella Hatanian now moves to compel code-compliant responses.

            The Court grants the motions to compel responses to the form interrogatories pursuant to Code of Civ. Proc. § 2030.290(b) and orders Defendant Victor De Luna to provide verified responses to the interrogatories compliant with Code of Civ. Proc. §§ 2030.210 (a) and 2030.220 without objections by November 6, 2022. 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 Defendant Victor De Luna 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 November 6, 2022.

Plaintiff Ariella Hatanian requests monetary sanctions totaling $4,520.00

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 $920.00, calculated as follows:

Defendant requests $2,260.00 in sanctions for each motion, based upon 4 hours of attorney’s work at a rate of $550.00 per hour and one $60.00 filling fee. Counsel estimates spending 2 hours drafting the motion, 1 hour analyzing the issues on each motion, and 1 hour attending the motion. The Court will award sanctions totaling $920.00 across both motions, based upon 4 hours of attorney’s work, at a rate of $200.00 per hour, and two $60.00 filling fees.

The sanctions total $920.00 and are payable by Defendant Victor De Luna and his counsel by November 26, 2022.

Moving Party is to give notice of this ruling.