Judge: Daniel M. Crowley, Case: 22STCV19651, Date: 2023-03-06 Tentative Ruling

Case Number: 22STCV19651    Hearing Date: March 6, 2023    Dept: 28

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

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

            On July 19, 2022, Defendant Francis Monroy served Form Interrogatories, Set No. One, Special Interrogatories, Set No. One, and Request for Production of Documents, Set No. One, on Plaintiff Andrea Mancia.

            Responses were due on September 23, 2022. Plaintiff Andrea Mancia has failed to provide timely responses. Defendant Francis Monroy 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 Andrea Mancia to provide verified responses to the interrogatories compliant with Code of Civ. Proc. §§ 2030.210 (a) and 2030.220 without objections by March 21, 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 Andrea Mancia 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 21, 2023.

Defendant Francis Monroy requests monetary sanctions totaling $1,411.95

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 $984.95, calculated as follows:

Defendant requests $470.65 in sanctions for each motion, based on 2 hours of attorney’s work at a rate of $200.00 per hour and one $70.65 filling fee.  Attorney’s work is based on 1 hour drafting and 1 hour attending the hearing on the motion. The Court notes all motions are substantially similar, all unopposed and all will be heard concurrently. The Court is unaware why the filing fee is $70.65, as opposed to the typical $60.00 or $61.65 request. Defendant provided no basis for the extra $9.00, so the Court reduces the applicable filing fees. The Court grants sanctions totaling $984.95 across all motions, based on 4 hours of attorney’s work and 3 $61.65 filling fees.

The sanctions total $984.95 and are payable by Plaintiff Andrea Mancia and her counsel by April 5, 2023.

Moving Party is to give notice of this ruling.