Judge: H. Jay Ford, III, Case: 23SMCV04937, Date: 2024-05-28 Tentative Ruling

Case Number: 23SMCV04937    Hearing Date: May 28, 2024    Dept: O

5-28-24 23SMCV04937 York v. Mehrdad, et al. MTC FROGs, SROGs and RFPs

Defendant Josette Chan Mehrdad’s Motion to Compel Plaintiff’s responses to form interrogatories, special interrogatories, and requests for production of documents and request for sanctions in the amount of $1,665.00 is GRANTED.

On 4-4-24, Plaintiff filed a substitution of attorney. Defendant filed the motions on 4-9-24.  Defendant served all three motions by e-mail on Plaintiff’s previous and current counsel. The motions are unopposed. Defendant propounded discovery on 12-8-23. Plaintiff’s responses were due on 3-8-24 after several extensions. (Nestler Decl., ¶ 6; Ex. B.) No response was received. Pursuant to CCP sections 2030.290 and 2031.260, Plaintiff is ordered to provide verified, objection-free responses to the propounded discovery within 30 days of the hearing.

The Court may impose sanctions for misuse of the discovery process under CCP § 2023.030. Plaintiff’s conduct constitutes misuse of the discovery process under CCP § 2023.010, subd. (d) (“failing to respond or to submit to an authorized method of discovery”). Defendant requests $555.00 per motion, which corresponds to two hours to prepare the motion and one hour to appear at the hearing, at $165/hour, plus a $60.00 filing fee. (Nestler Decl., ¶ 11.) The requested amount is reasonable. The Court grants Defendant’s request for sanctions in the total amount of $1,665.00. Plaintiff is ordered to pay sanctions in the amount of $1,665.00.