Judge: Elaine W. Mandel, Case: 21SMCV00336, Date: 2022-08-09 Tentative Ruling

Case Number: 21SMCV00336    Hearing Date: August 9, 2022    Dept: P

Tentative Ruling
Rowley v. James et al., Case No. 21SMCV00336
Hearing Date August 9, 2022
Plaintiff Rowley’s Motion for Sanctions (UNOPPOSED)

On March 9, 2022, the court ordered defendant James to answer the complaint before the next scheduled hearing. On May 10 and May 23, James violated the court’s order by filing demurrers on May 10, 2022 and May 23, 2022. On June 17, 2022 James filed an answer. Sanctions are appropriate since the answer was untimely. Rowley requests $3,735 in sanctions, representing 10.5 hours of attorney work at $350/hour preparing this motion and an opposition to James’ demurrer, plus a $60 filing fee. Kellner declaration ¶¶6-10. 2.5 of the requested hours represent time anticipated to be spent preparing a reply. Since James did not oppose the motion, there was no reply, so $875 will be deducted from the requested amount.

Additionally, the claimed five hours spent opposing the demurrer and three hours preparing this motion are excessive for short, pro forma filings. The court will subtract two hours’ worth of fees from the amount awarded in each instance. Rowley is entitled to four hours’ of fees billed at $350 per hour plus a $60 filing fee, totaling $1,460.  

GRANTED under the above terms.