Judge: Daniel M. Crowley, Case: 21STCV27382, Date: 2022-12-13 Tentative Ruling

Case Number: 21STCV27382    Hearing Date: December 13, 2022    Dept: 28

Case Name: Robert Shirvanian v. Esperanza Morelos

Hearing Date: December 13, 2022
Case No.: 21STCV27382

Ruling on Defendant Esperanza Morelos’s Unopposed Motions to Compel Responses to Form Interrogatories and Request for Production

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

            On February 22, 2022, Defendant Esperanza Morelos served Form Interrogatories, Set No. One, and Request for Production of Documents, Set No. One, on Plaintiff Robert Shirvanian.

            Responses were due on March 24, 2022. Plaintiff Robert Shirvanian has failed to provide timely responses. Defendant Esperanza Morelos now moves to compel code-compliant responses.

            The Court grants the motions to compel responses to the Form interrogatories pursuant to Code of Civ. Proc. § 2030.290(b) and orders Plaintiff Robert Shirvanian to provide verified responses to the interrogatories compliant with Code of Civ. Proc. §§ 2030.210 (a) and 2030.220 without objections by December 23, 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 Plaintiff Robert Shirvanian 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 December 23, 2022.

Defendant Esperanza Morelos requests monetary sanctions totaling $2,080.00.

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 $720.00, calculated as follows:

Defendant requests $2.080.00 across both motions, based upon 4.8-5 hours of attorney’s work at a rate of $200.00 per hour and one $60.00 filling fee, for each motion. Attorney’s work is based upon 2.3-2.5 hours preparing the motion, 1.5 hours replying to any opposition, and 1 hour attending the hearing. Both motions are substantially similar and being heard concurrently. In addition, the motions are unopposed. The Court grants $720.00 in sanctions, based upon 3 hours of attorney’s work and two $60.00 filling fees.

The sanctions total $720.00 and are payable by Plaintiff Robert Shirvanian and his counsel by December 23, 2022.

Moving Party is to give notice of this ruling.