Judge: Daniel M. Crowley, Case: 21STCV423344, Date: 2022-12-06 Tentative Ruling

Case Number: 21STCV423344    Hearing Date: December 6, 2022    Dept: 28

Case Name: Francisco Najarro v. Matthew Pratchard

Hearing Date: December 6, 2022
Case No.: 21STCV42344

Ruling on Defendant Matthew Pratchard’s Unopposed Motions to Compel Responses to Form Interrogatories, Special Interrogatories and Request for Production

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

            On May 11, 2022, Defendant Matthew Pratchard served Form Interrogatories, Set No. One, Special Interrogatories, Set No. One, and Request for Production of Documents, Set No. One, on Plaintiff Francisco Najarro.

            Responses were due on June 15, 2022. Plaintiff Francisco Najarro has failed to provide timely responses. Defendant Matthew Pratchard 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 Francisco Najarro to provide verified responses to the interrogatories compliant with Code of Civ. Proc. §§ 2030.210 (a) and 2030.220 without objections by December 26, 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 Francisco Najarro 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 26, 2022.

Defendant Matthew Pratchard requests monetary sanctions totaling $1,380.00.

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 $980.00, calculated as follows:

Defendant requests $460.00 for each motion, based upon 2 hours of attorney’s work at a rate of $200.00 per hour and one $60.00 filling fee. 1 hour was spent drafting the motion and 1 hour will be spent attending the hearing on the motion. The Court will award sanctions based upon 2 hours of attorney’s work for one motion, and 1 hour of attorney’s work for the other two motions. The Court awards sanctions totaling $980.00 across all motions.

The sanctions total $980.00 and are payable by Plaintiff Francisco Najarro and his counsel by December 26, 2022.

Moving Party is to give notice of this ruling.