Judge: Jill Feeney, Case: 22STCV03690, Date: 2022-12-22 Tentative Ruling

Case Number: 22STCV03690    Hearing Date: December 22, 2022    Dept: 30

Department 30, Spring Street Courthouse
December 22, 2022
22STCV03690
-Motion to Compel Plaintiff’s Further Responses to Special Interrogatories (Set One) No. 1 and Request Sanctions for filed by Defendants Jung Hee Yeu and Dong Yoon Yeu 
-Motion to Compel Plaintiff’s Further Responses to Form Interrogatories (Set One) No. 11.2 and Request Sanctions for filed by Defendants Jung Hee Yeu and Dong Yoon Yeu 

DECISION

The motion is granted with respect to Special Interrogatory No. 1 for the reasons stated by Defendants. The Court’s ruling does not include any decision on the scope of records that may be subpoenaed from Plaintiff’s medical provider.  

Plaintiff is to serve a further verified response within 30 days after the date of this order.

The motion is granted with respect to Form Interrogatory No. 11.2 for the reasons stated by Defendants.

Plaintiff is to serve a further verified response within 30 days after the date of this order.

Defendants request sanctions in the amount of $700.68 against Plaintiff and Plaintiff’s Counsel of Record for each motion pursuant to Code of Civil Procedure Sections 2030.300, 2023.030, and 2023.010. Here, Plaintiff opposed each motion and did not act with substantial justification.  Additionally, other circumstances do not make the imposition of sanctions unjust. Therefore, the Court will award sanctions jointly and severally against Plaintiff and Plaintiff’s Counsel. However, the Court will reduce the requested amount.  Plaintiff requests an hour of time to appear at the hearing but that hour of time has already been awarded in connection with a motion granted yesterday. Therefore, each of the requests for $700.68 is reduced to $540.51. The Court also finds that the motions are very similar and simple. For this reason, the Court awards in total sanctions in the amount of $902.85 (5 hours of attorney time at $160.17 per hour plus $120 in filing fees) jointly and severally against Plaintiff and Plaintiff’s Counsel of Record. Sanctions are payable within 30 days after the date of this order.

Moving party to provide notice and to file proof of service of such notice within five court days after the date of this order.