Judge: Daniel M. Crowley, Case: 20STCV16686, Date: 2022-12-14 Tentative Ruling

Case Number: 20STCV16686    Hearing Date: December 14, 2022    Dept: 28

Case Name: Mark Roth v. Marlys Morrison

Hearing Date: December 14, 2022
Case No.: 20STCV16686

Ruling on Defendant Marlys Morrison’s Unopposed Motions to Compel Responses to Form Interrogatories, Special Interrogatories and Request for Production

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

            On May 18, 2022, Defendant Marlys Morrison served Form Interrogatories, Set No. One, Special Interrogatories, Set No. One, and Request for Production of Documents, Set No. One, on Plaintiff Mark Roth.

            Responses were due on July 8, 2022. Plaintiff Mark Roth has failed to provide timely responses. Defendant Marlys Morrison 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 Mark Roth to provide verified responses to the interrogatories compliant with Code of Civ. Proc. §§ 2030.210 (a) and 2030.220 without objections by January 3, 2023. 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 Mark Roth 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 January 3, 2023.

Defendant Marlys Morrison requests monetary sanctions totaling $1,716.00.

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 $918.00, calculated as follows:

Defendant requests $572.00 for each motion, based upon 4 hours of attorney’s work at a rate of $133.00 per hour and one $40.00 filling fee. 2 hours were spent drafting each motion and 2 hours will be spent attending the hearing. The motions are substantially similar and will be heard concurrently. The Court awards sanctions based upon 5 hours of attorney’s work across all motions and 3 $40.00 filling fees. Sanctions total $918.00

The sanctions total $918.00 and are payable by Plaintiff Mark Roth and his counsel by January 3, 2023.

Moving Party is to give notice of this ruling.