Judge: Daniel M. Crowley, Case: 21STCV35707, Date: 2023-01-30 Tentative Ruling

Case Number: 21STCV35707    Hearing Date: January 30, 2023    Dept: 28

Case Name: Juanita Patrick v. CVS Pharmacy, Inc.
Hearing Date: January 30, 2023
Case No.: 21STCV35707

Ruling on Defendant Garfield Beach CVS, LLC’s Unopposed Motions to Compel Responses to Form Interrogatories, Special Interrogatories and Request for Production

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

            On May 25, 2022, Defendant Garfield Beach CVS, LLC served Special Interrogatories, Set No. Two and Three, and Request for Production of Documents, Set No. Two and Three, on Plaintiff Juanita Patrick.

            Responses were due on June 24, 2022. Plaintiff Juanita Patrick has failed to provide timely responses. Defendant Garfield Beach CVS, LLC 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 Juanita Patrick to provide verified responses to the interrogatories compliant with Code of Civ. Proc. §§ 2030.210 (a) and 2030.220 without objections by March 1, 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 Juanita Patrick 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 1, 2023.

Defendant Garfield Beach CVS, LLC requests monetary sanctions totaling $3,490.00.

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 $1,490.00, calculated as follows:

Defendant requests $3,490.00 across all motions. This is based upon 13 hours of attorney’s work, at a rate of $250.00 per hour, and 4 $60.00 filling fees. Attorney’s work is based on 6 hours drafting, 5 hours replying to any opposition and 4 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 $1,490.00 based on 5 hours of attorney’s week and 4 $60.00 filling fees.

The sanctions total $1,490.00 and are payable by Plaintiff Juanita Patrick and her counsel by March 1, 2023.

Moving Party is to give notice of this ruling.