Judge: Daniel M. Crowley, Case: 21STCV37551, Date: 2022-08-25 Tentative Ruling

Case Number: 21STCV37551    Hearing Date: August 25, 2022    Dept: 28

Ruling on Defendants Leonard I. Dauer Trustee of the Dauer Family Trust, Leonard I.. Dauer, and Dauer Family Trust’s Unopposed Motions to Compel Responses to Form Interrogatories, Special Interrogatories and Request for Production.

            Having reviewed Defendants Leonard I. Dauer Trustee of the Dauer Family Trust, Leonard I.. Dauer, and Dauer Family Trust’s unopposed Motions to Compel Responses to Form Interrogatories, Special Interrogatories, and Request for Production of Documents, the Court rules as follows.

            On January 25, 2022, Defendants Leonard I. Dauer Trustee of the Dauer Family Trust, Leonard I. Dauer, and Dauer Family Trust served Form Interrogatories, Set No. One, Special Interrogatories, Set No. One, and Request for Production of Documents, Set No. One, on Plaintiff Stephen C. Beresford.

            Responses were due on May 24, 2022. Plaintiff Stephen C. Beresford has failed to provide timely responses. Defendants Leonard I. Dauer Trustee of the Dauer Family Trust, Leonard I.. Dauer, and Dauer Family Trust now move 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 Plaintiff Stephen C. Beresford to provide verified responses to the interrogatories compliant with Code of Civ. Proc. §§ 2030.210 (a) and 2030.220 without objections by September 6, 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 Stephen C. Beresford 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 September 6, 2022.

Defendants Leonard I. Dauer Trustee of the Dauer Family Trust, Leonard I.. Dauer, and Dauer Family Trust request monetary sanctions totaling $1,366.02.           

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 $820.58, calculated as follows:

Defendants request $455.34 in sanctions for each motion. Sanctions are based upon 2 hours of attorney’s work at a rate of $160.17 per hour, 1 hour of legal assistant work at a rate of $75.00 per hour, and one $60.00 filling fee. The Court will not impose sanctions based on legal assistant work. In addition, the Court notes that all three motions are substantially similar and being heard concurrently. Thus, the Court awards $380.34 in sanctions for the Motion to Compel Form Interrogatories, and $220.17 in sanctions for each of the other motions.

The sanctions total $820.58 and are payable by Plaintiff Stephen C. Beresford and his counsel by September 26, 2022.

Moving Party is to give notice of this ruling.