Judge: Daniel M. Crowley, Case: 21STCV35740, Date: 2023-03-14 Tentative Ruling

Case Number: 21STCV35740    Hearing Date: March 14, 2023    Dept: 28

Ruling on Plaintiff Victor Irene Lopez’s Unopposed Motions to Compel Responses to Form Interrogatories, Special Interrogatories and Request for Production, and to Deem Request for Admissions Admitted

            Having reviewed Plaintiff Victor Irene Lopez’s unopposed Motions to Compel Responses to Form Interrogatories, Special Interrogatories and Request for Production of Documents, and to Deem Request for Admissions Admitted, the Court rules as follows.

            On March 10, 2022, Plaintiff Victor Irene Lopez served Form Interrogatories, Set No. One, Special Interrogatories, Set No. One, Request for Production of Documents, Set No. One, and Request for Admissions, Set One, on Defendant Equimax.

            Responses were due on April 10, 2022. Defendant Equimax failed to provide timely responses. Plaintiff Victor Irene Lopez now moves to compel code-compliant responses and deem the requests for admissions admitted.

            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 Defendant Equimax to provide verified responses to the interrogatories compliant with Code of Civ. Proc. §§ 2030.210 (a) and 2030.220 without objections by April 13, 2023. The Court grants the motion pursuant to Code of Civ. Proc. § 2033.280 and deems the requests to be admitted. 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 Defendant Equimax 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 April 13, 2023.

Plaintiff Victor Irene Lopez requests monetary sanctions totaling $8,640.00

The Court awards sanctions pursuant to Code of Civ. Proc. § 2023.030 (a), Code of Civ. Proc. § 2030.290 (c), Code of Civ. Proc. § 2033.280 (c) and Code of Civ. Proc. § 2031.300 (c) in the amount of $1,365.00, calculated as follows:

Plaintiff requests $2,160.00 for each motion, based upon 6 hours of attorney’s work at a rate of $350.00 per hour and 1 $60.00 filling fee. Attorney’s work consists of 4 hours drafting and meeting and conferring, 1 hour replying to any opposition, and 1 hour attending the hearing. The Court notes all motions are substantially similar and will be heard concurrently. The motions are also unopposed. The Court awards sanctions totaling $1,365.00 across all motions, based on 4.5 hours of attorney’s work, at a reasonable rate of $250.00 per hour, and 4 $60.00 filling fees.

The sanctions against Defendant Equimax total $1,365.00 and are payable by Defendant and their counsel by April 13, 2023.

Moving Party is to give notice of this ruling.