Judge: Daniel M. Crowley, Case: 20STCV38432, Date: 2023-03-02 Tentative Ruling

Case Number: 20STCV38432    Hearing Date: March 2, 2023    Dept: 28

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

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

            On April 25, 2022, Defendant David Diaz served Form Interrogatories, Set No. One, Special Interrogatories, Set No. One, and Request for Production of Documents, Set No. One, on Plaintiff Kemal Besli.

            Responses were due on May 24, 2022. Plaintiff Kemal Besli has failed to provide timely responses. Defendant David Diaz 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 Kemal Besli to provide verified responses to the interrogatories compliant with Code of Civ. Proc. §§ 2030.210 (a) and 2030.220 without objections by March 22, 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 Kemal Besli 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 March 22, 2023.

Defendant David Diaz requests monetary sanctions totaling $1,980.00.

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 $980.00, calculated as follows:

Defendant requests $660.00 for each motion. This is based upon 3 hours of attorney’s work, at a rate of $200.00 per hour, and 1 $60.00 filling fees. Attorney’s work is based on 1 hour drafting and 2 hours attending the hearing on the motion. The Court notes all motions are substantially similar, all unopposed and all will be heard concurrently. The Court grants sanctions totaling $980.00 across all motions, based on 4 hours of attorney’s week and 3 $60.00 filling fees.

The sanctions total $980.00 and are payable by Plaintiff Kemal Besli and his counsel by March 22, 2023.

Moving Party is to give notice of this ruling.