Judge: Douglas W. Stern, Case: 22STCV01204, Date: 2023-09-12 Tentative Ruling

Case Number: 22STCV01204    Hearing Date: September 12, 2023    Dept: 68

Motion for Terminating, Issue, and/or Evidentiary Sanctions, and Monetary Sanctions

James Cheung vs. Charles Cheung, et al., 22STCV01204

Moving Party: Plaintiff James Cheung

Motion

            Defendant Wenjun Long (Defendant) failed to comply with this Court’s June 12, 2023, order compelling Defendant Long to respond to Plaintiff’s Form Interrogatories, Set One, within 10 days of service of the order.  The Court also ordered Defendant to pay $1,350.00 in sanctions on that date.  Plaintiff indicates that Defendant has failed to pay those sanctions as well.  Plaintiff James Cheung (Plaintiff) filed this motion on August 16, 2023 seeking terminating sanctions.

            In Defendant’s opposition, filed on September 5, 2023, she indicates that she served response to Plaintiff’s Form Interrogatories on September 1, thus rendering Plaintiff’s motion “moot.”  Defendant’s opposition does not indicate whether she paid the previously ordered sanctions, as well.

            Because Defendant has submitted answers to the Form Interrogatories, albeit very late responses, the drastic remedy of terminating sanctions should not be applied at this time. The Court will also not applying issue or evidentiary sanctions.  However, the Court will award additional monetary sanctions because Plaintiff was forced to incur the time, fees and costs to file this motion before Defendant complied with the Court order.

            The Court shall not tolerate further non-compliance with discovery obligations and other obligations of Defendant Long to the parties and the Court.

            In his declaration, Plaintiff’s attorney indicates that he spent 7 hours researching and preparing this motion at $450.00 an hour. (King Decl., ¶ 4.)  However, in the motion, it says he only spent 5 hours.  (Motion at p. 4.)  He also indicated that he expected to spend an additional 4 hours preparing a reply and attending the hearing on the motion.  (Motion at p. 4; King Decl., ¶ 4.)  No reply has been filed as of September 7, so the Court will only apply an additional hour for attending the hearing.  Six hours at $450.00 an hour comes out to $2,700, but Plaintiff has only requested $2,250.00 in sanctions in his motion.  Therefore, the Court will only award $2,250.00 for Plaintiff having to bring this motion.

Order

            Defendant Wenjun Long is ordered to pay $2,250.00 in sanctions for this motion.  Defendant shall pay these sanctions to Plaintiff within 20 days of service of this order.

(This amount is in addition to the sanctions previously ordered in the amount of $1,350.00, for a total of $3,600.00 in sanctions.  If the prior sanctions have not yet been paid they are overdue and must be paid immediately.