Judge: Daniel M. Crowley, Case: 22STCV01594, Date: 2022-12-06 Tentative Ruling

Case Number: 22STCV01594    Hearing Date: December 6, 2022    Dept: 28

Case Name: Veronica Alvarado v. Cali Auction

Hearing Date: December 6, 2022
Case No.: 22STCV01594

Ruling on Defendant Norwalk Auto Action’s Unopposed Motions to Compel Responses to Form Interrogatories and Request for Production

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

            On February 4, 2022, Defendant Norwalk Auto Action served Form Interrogatories, Set No. One, and Request for Production of Documents, Set No. One, on Plaintiff Veronica Alvarado.

            Responses were due on March 11, 2022. Plaintiff Veronica Alvarado has failed to provide timely responses. Defendant Norwalk Auto Action 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 Veronica Alvarado 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 Veronica Alvarado 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 requests $1,660.00 in sanctions, based upon 3 hours of attorney’s work, at a rate of $400.00 per hour, an additional $100.00 to “prepare a reply and appear before this court,” and one $60.00 filling fee. First, the Court notes that this should have been filed as two separate motions, with one additional $60.00 filling fee. The Court awards sanctions totaling $870.00, based upon 3 hours of attorney’s work, at a rate of $250.00 per hour, and two $60.00 filling fees.  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 $870.00 and are payable by Plaintiff Veronica Alvarado and her counsel by December 26, 2022.

Defendant is ordered to pay an additional $60.00 filling fee to the Court.

Moving Party is to give notice of this ruling.