Judge: Daniel M. Crowley, Case: 20STCV14001, Date: 2022-08-23 Tentative Ruling

Case Number: 20STCV14001    Hearing Date: August 23, 2022    Dept: 28

Ruling on Defendant City of Long Beach’s Unopposed Motions to Compel Responses to Form Interrogatories, Special Interrogatories and Request for Production.

            Having reviewed Defendant City of Long Beach’s unopposed Motions to Compel Responses to Form Interrogatories, Special Interrogatories, and Request for Production of Documents, the Court rules as follows.

            On April 19, 2021, Defendant City of Long Beach served Form Interrogatories, Set No. One, Special Interrogatories, Set No. One and Request for Production of Documents, Set No. One, on Plaintiff Rose Ann Fernandez.

            Responses were due January 18, 2022. Plaintiff Rose Ann Fernandez has failed to provide timely responses. Defendant City of Long Beach now move to compel code-compliant responses.

            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 Rose Ann Fernandez to provide verified responses to the interrogatories compliant with Code of Civ. Proc. §§ 2030.210 (a) and 2030.220 without objections by August 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 Plaintiff Rose Ann Fernandez 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 September 22, 2022.

Defendant City of Long Beach request monetary sanctions totaling $2,100.00.  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 $1,350.00, calculated as follows:

Defendant requests $900.00 in sanctions for the Form Interrogatories motion based upon 3 hours of attorney’s work at a rate of $300.00 per hour. Defendant estimates spending 1.5 hours drafting the motion and 1.5 hours at the hearing on the motion. The Court awards sanctions totaling $750.00 in sanctions based upon 2.5 hours of attorney work.

Defendant requests $600.00 each for both the Request for Production and Special Interrogatories motion, based upon 2 hours of attorney’s work. Attorney’s work consists of 1 hour drafting and 1 hour appearing at the hearing on the motion. As all three motions are being heard concurrently, the Court will not award additional sanctions based on the time to hear the motions. The Court awards $300.00 for each of the two motions.

The sanctions award totals $1,350.  The sanctions are payable by Plaintiff Rose Ann Fernandez and her counsel by September 22, 2022.

Moving Party is to give notice of this ruling.