Judge: Daniel M. Crowley, Case: 21STCV12776, Date: 2022-10-06 Tentative Ruling

Case Number: 21STCV12776    Hearing Date: October 6, 2022    Dept: 28

Case Name: Final Touch Collision L.L.C. v. American Reclamation, Inc.
Hearing Date: October 6, 2022
Case No.: 21STCV12776

Ruling on Defendant American Reclamation, Inc.’s Unopposed Motions to Compel Responses to Form Interrogatories, Special Interrogatories and Request for Production.

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

            On May 17, 2021, Defendant American Reclamation, Inc. served Form Interrogatories, Set No. One, Special Interrogatories, Set No. One, and Request for Production of Documents, Set No. One on Plaintiffs Final Touch Collision, L.L.C. and Narbeh K. Zarneh.

            Responses were due on June 20, 2022. Plaintiffs Final Touch Collision, L.L.C. and Narbeh K. Zarneh has failed to provide timely responses. Defendant American Reclamation, Inc. 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 Plaintiffs Final Touch Collision, L.L.C. and Narbeh K. Zarneh to provide verified responses to the interrogatories compliant with Code of Civ. Proc. §§ 2030.210 (a) and 2030.220 without objections by October 16, 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 Plaintiffs Final Touch Collision, L.L.C. and Narbeh K. Zarneh 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 16, 2022.

Defendant American Reclamation, Inc. request monetary sanctions totaling $2,722.50.

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 $2,722.50 in sanctions, based upon 8.7 hours of attorney’s work, at a rate of $195.00 per hour, 4.6 hours of attorney’s work, at a rate of $210.00 per hour, and one $60.00 filling fee. First, the Court notes that this should have been filed as 3 separate motions, and thus Defendant needs to pay two additional $60.00 filling fees to the Court.

The Court will award sanctions totaling $980.00, based upon 4 hours of attorney’s work, at a rate of $200.00 per hour, and three $60.00 filling fees.

The sanctions total $980.00 and are payable by Plaintiffs Final Touch Collision, L.L.C. and Narbeh K. Zarneh and his counsel by October 16, 2022.

Moving Party is to give notice of this ruling.