Judge: Elaine Lu, Case: 20STCV47680, Date: 2023-08-08 Tentative Ruling

Case Number: 20STCV47680    Hearing Date: August 25, 2023    Dept: 26

Defendants First Capital Trust Deeds, IWP Capital, LLC, and FCI Lender Services, Inc. have served responses – albeit untimely responses -- to the discovery at issue – i.e., Form Interrogatories, Set One, Special Interrogatories, Set One, Request for Production, Set One, and Requests for Admission from Defendant First Capital Trust Deeds, and Special Interrogatories, Set One from IWP Capital, LLC, and FCI Lender Services, Inc.  (Wright Decl. ¶ 2.) Accordingly, Plaintiff’s motions to compel Defendants First Capital Trust Deeds, IWP Capital, LLC, and FCI Lender Services, Inc.’s responses are MOOT except as to sanctions.

Given that no reply was necessary, and all of the discovery responses were expeditiously served within a week of the filing of the instant motions, the claimed time spent on the instant motions is excessive. Accordingly, Plaintiff’s requests for sanctions are GRANTED IN PART.

First Capital Trust Deeds and its attorney of record, Michael Wright, Esq., jointly and severally, are ordered to pay sanctions to Plaintiff Joseph Cadden, by and through counsel of record, in the amount of $1,646.60, within 30 days of notice of this order.

IWP Capital, LLC and its attorney of record, Michael Wright, Esq., jointly and severally, are ordered to pay sanctions to Plaintiff Joseph Cadden, by and through counsel of record, in the amount of $461.65, within 30 days of notice of this order.

FCI Lender Services, Inc. and its attorney of record, Michael Wright, Esq., jointly and severally, are ordered to pay sanctions to Plaintiff Joseph Cadden, by and through counsel of record, in the amount of $461.65, within 30 days of notice of this order.

Moving party to give notice.