Judge: Daniel M. Crowley, Case: 19STCV43817, Date: 2023-03-14 Tentative Ruling

Case Number: 19STCV43817    Hearing Date: March 14, 2023    Dept: 28

Case Name: David Grigoryan v. Starbucks Corp.

Hearing Date: March 14, 2023
Case No.: 19STCV43817

Ruling on Defendant Starbucks Corporation’s Unopposed Motions to Compel Responses to Form Interrogatories, Special Interrogatories and Request for Production, and to Deem Request for Admissions Admitted

            Having reviewed Defendant Starbucks Corporation’s unopposed Motions to Compel Responses to Form Interrogatories, Special Interrogatories and Request for Production of Documents, and to Deem Request for Admissions Admitted, the Court rules as follows.

            On August 15, 2022, Defendant Starbucks Corporation served Form Interrogatories, Set No. Two, Special Interrogatories, Set No. Two, Request for Production of Documents, Set No. Two, and Request for Admissions, Set One, on Plaintiff David Grigoryan.

            Responses were due on September 16, 2022. Plaintiff David Grigoryan failed to provide timely responses. Defendant Starbucks Corporation now moves to compel code-compliant responses and deem the requests for admissions admitted.

            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 David Grigoryan to provide verified responses to the interrogatories compliant with Code of Civ. Proc. §§ 2030.210 (a) and 2030.220 without objections by April 13, 2023. The Court grants the motion pursuant to Code of Civ. Proc. § 2033.280 and deems the requests to be admitted. 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 David Grigoryan 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 April 13, 2023.

Defendant Starbucks Corporation requests monetary sanctions totaling $1,352.34

The Court awards sanctions pursuant to Code of Civ. Proc. § 2023.030 (a), Code of Civ. Proc. § 2030.290 (c), Code of Civ. Proc. § 2033.280 (c) and Code of Civ. Proc. § 2031.300 (c) in the amount of $840.00, calculated as follows:

Defendant requests $676.17 for each motion, based upon 3 hours of attorney’s work at a rate of $200.00 per hour and $76.17 in filling fees. 1 hour was spent drafting, 1 hour was anticipated for replying and 1 hour was anticipated for the hearing. The Court notes both motions are substantially similar and will be heard concurrently. The motions are also unopposed. The Court finally notes that the Motion to Compel Discovery that includes Form Interrogatories, Special Interrogatories and Requests for Production should have been filed as three separate motions. Defendant is ordered to pay two additional $60.00 filling fees. The Court awards sanctions totaling $840.00 across both motions, based on 3 hours of attorney’s work and 4 $60.00 filling fees.

The sanctions against Plaintiff David Grigoryan total $840.00 and are payable by Plaintiff and his counsel by April 13, 2023.

Defendant is ordered to pay two additional $60.00 filling fees to the Court.

Moving Party is to give notice of this ruling.