Judge: Daniel M. Crowley, Case: 21STCV02213, Date: 2023-02-07 Tentative Ruling

Case Number: 21STCV02213    Hearing Date: February 7, 2023    Dept: 28

Ruling on Defendant Mahikumakani Daniel Crabbe’s Unopposed Motions to Compel Responses to Special Interrogatories, Form Interrogatories, and Request for Production

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

On May 4, 2022, Defendant Mahikumakani Daniel Crabbe served Special Interrogatories, Set No. One, Form Interrogatories, Set No. One, and Request for Production of Documents, Set No. One on Plaintiff Jeremy Scholl.

            On May 12, 2022, Defendant Mahikumakani Daniel Crabbe served Special Interrogatories, Set No. One, Form Interrogatories, Set No. One, and Request for Production of Documents, Set No. One, on Plaintiff Michelle Scholl.

            Plaintiffs failed to provide timely responses. Defendant Mahikumakani Daniel Crabbe now moves to compel code-compliant responses.

            The Court grants the motions to compel responses to the special interrogatories pursuant to Code of Civ. Proc. § 2030.290(b) and orders Plaintiffs to provide verified responses to the interrogatories compliant with Code of Civ. Proc. §§ 2030.210 (a) and 2030.220 without objections by March 9, 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 Michelle Scholl 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 9, 2023.

Defendant Mahikumakani Daniel Crabbe requests monetary sanctions totaling $7,560.00.

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 $1,760.00 calculated as follows:

Defendant requests $1,260.00 for each motion. This is based upon 6 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 3 hours drafting and 3 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 $1,760.00 based on 7 hours of attorney’s week and 6 $60.00 filling fees.

As three motions were filed against Michelle Scholl, and three were filed against Jeremy Scholl, the Court splits the total sanctions accordingly.

Sanctions total $880.00 and are payable by Plaintiff Michelle Scholl and her counsel by March 9, 2023.

Sanctions total $880.00 and are payable by Plaintiff Jeremy Scholl and his counsel by March 9, 2023.

Moving Party is to give notice of this ruling.