Judge: David A. Hoffer, Case: 30-2021-01233898, Date: 2022-09-26 Tentative Ruling

Plaintiff Silvia Monroy (“Plaintiff”) unopposed Motion to Compel (“Motion”) defendant BaronHR West, Inc.’s (“BWI”) initial responses to Form Interrogatories, Set One (“FROG”), is GRANTED.

Pursuant to Civ. Proc. Code § 2030.290, when a party has failed to, or refuses to, serve responses to interrogatories, a propounding party may file a motion to compel initial responses.  In the present instance BWI appears to have failed to serve any responses to FROG propounded on BWI by Plaintiff on 02/10/22.  (Mirabel Decl. ¶ 2-6, Exs. A-C.)  As such, the Motion is warranted.

This motion is granted as BWI has failed to serve any responses to the FROG.  BWI is ordered to serve responses, without objection, to the FROG within 15-days of written notice of the Court’s ruling. 

Plaintiff also seeks monetary sanctions in the amount of $3,060 against BWI and its attorney of record on this motion pursuant to Civ. Proc. Code §§ 2023.010(d), 2023.030, and 2030.290(c).  The court notes Plaintiff’s counsel requested $750 per hour, which is generally high for this type of motion.  Counsel also requests four hours for preparation of the motion, reply, and appearance.  The court notes no opposition or reply briefs were filed.  The court reduces the amount requested to three total hours at a $500 rate under the lodestar method and adds the $60 filing fee.  (PLCM Group, Inc. v. Drexler (2000) 22 Cal.4th 1084, 1096.) 

The court awards Plaintiff a total of $1,560 in monetary sanctions against BWI and its attorney of record, payable within 60-days of written notice of the court’s ruling.

Plaintiff is ordered to give notice of this ruling.