Judge: Daniel M. Crowley, Case: 21STCV40694, Date: 2023-02-15 Tentative Ruling

Case Number: 21STCV40694    Hearing Date: February 15, 2023    Dept: 28

Case Name: Oscar Leon Cortes v. South Bay Motors, LLC, et al.
Hearing Date: February 15, 2023
Case No.: 21STCV40694

Ruling on Defendants Goodson SM, LLC and South Bay Motors, LLC’s Unopposed Motions to Compel Responses to Form Interrogatories and Request for Production

            Having reviewed Defendants Goodson SM, LLC and South Bay Motors, LLC’s unopposed Motions to Compel Responses to Form Interrogatories and Request for Production of Documents, the Court rules as follows.

            On September 8, 2022, Defendants Goodson SM, LLC and South Bay Motors, LLC served Form Interrogatories, Set No. One, and Request for Production of Documents, Set No. One, on Plaintiff Oscar Leon Cortes.

            Responses were due on October 11, 2022. Plaintiff Oscar Leon Cortes has failed to provide timely responses. Defendants Goodson SM, LLC and South Bay Motors, LLC 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 Oscar Leon Cortes to provide verified responses to the interrogatories compliant with Code of Civ. Proc. §§ 2030.210 (a) and 2030.220 without objections by March 17, 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 Oscar Leon Cortes 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 17, 2023.

Defendants Goodson SM, LLC and South Bay Motors, LLC requests monetary sanctions totaling $840.00.

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 $660.00, calculated as follows:

Defendants request $420.00 in sanctions for each motion, based upon 2 hours of attorney’s work and one $60.00 filling fee. 1 hour was spent drafting the motion and 1 hour reviewing the opposition and attending the hearing. As the motions are unopposed, the Court will not award sanctions based on anticipated oppositions. The Court grants sanctions of $660.00 across both motions, based on 3 hours of attorney’s work.

The sanctions total $660.00 and are payable by Plaintiff Oscar Leon Cortes and his counsel by March 17, 2023.

Moving Party is to give notice of this ruling.