Judge: Daniel M. Crowley, Case: 20STCV39795, Date: 2022-09-07 Tentative Ruling

Case Number: 20STCV39795    Hearing Date: September 7, 2022    Dept: 28

Case Name: Hondge Cui v. Ting Kwan Chan, et al.
Hearing Date: September 7, 2022
Case No.: 20STCV39795

Ruling on Plaintiff Hongde Cui’s Unopposed Motions to Compel Responses to Form Interrogatories, Special Interrogatories and Request for Production.

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

            On April 5, 2022, Plaintiff Hongde Cui served Form Interrogatories, Set No. One, Special Interrogatories, Set No. One, and Request for Production of Documents, Set No. One, on Defendant Daniel Yanez.

            Responses were due on June 10, 2022. Defendant Daniel Yanez has failed to provide timely responses. Plaintiff Hongde Cui now move 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 Defendant Daniel Yanez to provide verified responses to the interrogatories compliant with Code of Civ. Proc. §§ 2030.210 (a) and 2030.220 without objections by October 7, 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 Defendant Daniel Yanez 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 October 7, 2022. 

Plaintiff Hongde Cui request monetary sanctions totaling $2,000.00.          

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 $1,380.00, calculated as follows:

Plaintiff requests $2,000.00 across the three motions, filed as one motion, based upon 5 hours of attorney’s work at a rate of $400.00 per hour. Time is based upon 3 hours preparing the motion, 1 hour preparing a reply, and 1 hour appearing at the hearing on the motion. The Court notes that the time spent is excessive and will not take into account time for a reply, as Defendant did not oppose the motion. The Court also notes that this motion should have been filed as three separate motions and orders Plaintiff to pay two additional $60.00 filling fees. As such, the Court awards sanctions totaling $930.00, based upon 3 hours of attorney’s work at $250/hr. and three $60.00 filling fees.

The sanctions total $930.00 and are payable by Defendant Daniel Yanez and his counsel by October 7, 2022.

Moving Party is to give notice of this ruling.