Judge: Daniel M. Crowley, Case: 20STCV48939, Date: 2023-02-28 Tentative Ruling

Case Number: 20STCV48939    Hearing Date: February 28, 2023    Dept: 28

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

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

            On July 11, 2022, Defendant Orlando Rugamas served Form Interrogatories, Set No. One, Special Interrogatories, Set No. One, and Request for Production of Documents, Set No. One, on Plaintiff Sergio Orozco.

            Responses were due on November 7, 2022. Plaintiff Sergio Orozco has failed to provide timely responses. Defendant Orlando Rugamas 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 Sergio Orozco to provide verified responses to the interrogatories compliant with Code of Civ. Proc. §§ 2030.210 (a) and 2030.220 without objections by March 15, 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 Sergio Orozco 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 15, 2023.

Defendant Orlando Rugamas requests 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 $1,120.00, calculated as follows:

Defendant requests $2,000.00 across all motions. This is based upon 8 hours of attorney’s work, at a rate of $235.00 per hour, and 2 $60.00 filling fees. Attorney’s work is based on 3 hours drafting and 5 hours replying to any opposition and attending the hearing on the motion. The Court notes all motions are substantially similar, all unopposed and all will be heard concurrently. The Court also notes that Defendant should have filed one additional motion, splitting the Motion to Compel Interrogatories into two. Defendant is ordered to pay one additional $60.00 filling fee. The Court grants sanctions totaling $1,120.00 based on 4 hours of attorney’s week and 3 $60.00 filling fees.

The sanctions total $1,120.00 and are payable by Plaintiff Sergio Orozco and his counsel by March 15, 2023. Defendant is ordered to pay one additional $60.00 filling fee.

Moving Party is to give notice of this ruling.