Judge: Daniel M. Crowley, Case: 20STCV16624, Date: 2022-10-20 Tentative Ruling

Case Number: 20STCV16624    Hearing Date: October 20, 2022    Dept: 28

Case Name: Angel Alderete v. Michael Stan Case, et al.
Hearing Date: October 20, 2022
Case No.: 20STCV16624

Ruling on Defendant Michael Stan Case’s Unopposed Motions to Compel Responses to Form Interrogatories, Special Interrogatories and Request for Production.

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

            On February 22, 2022, Defendant Michael Stan Case served Form Interrogatories, Set No. One, Special Interrogatories, Set No. One, and Request for Production of Documents, Set No. One, on Plaintiff Angel Alderete.

            Responses were due on March 28, 2022. Plaintiff Angel Alderete has failed to provide timely responses. Defendant Michael Stan Case now moves 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 Angel Alderete to provide verified responses to the interrogatories compliant with Code of Civ. Proc. §§ 2030.210 (a) and 2030.220 without objections by November 9, 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 Angel Alderete 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 9, 2022.

Defendant Michael Stan Case request monetary sanctions totaling $3,330.00.

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 $1,055.00, calculated as follows:

Defendant requests $3,300.00 in total across all motions, based upon six hours of attorney’s work, per motion, at a rate for attorney’s work of $175.00 per hour, and one $60.00 filling fee. Defendant estimates spending 3 hours preparing each motion and 3 hours appearing at the hearing on the motion. The Court awards $585.00 in sanctions for the Motion to Compel Responses to Form Interrogatories, based upon 3 hours of attorney’s work and one $60.00 filling fee. The Court awards $235.00 in sanctions for each of the three other motions, based on one hour of attorney’s work and one $60.00 filling fee.

The sanctions total $1,055.00 and are payable by Plaintiff Angel Alderete and his counsel by November 9, 2022.

Moving Party is to give notice of this ruling.