Judge: Lee W. Tsao, Case: 21NWCV00598, Date: 2023-03-14 Tentative Ruling

Case Number: 21NWCV00598    Hearing Date: March 14, 2023    Dept: C

HAWK IMPORTERS, INC. v. YAT IMPORTS INC.

CASE NO.:  21NWCV00598

HEARING: 3/14/23 @ 10:30 AM

#4

TENTATIVE RULING

I.             Plaintiff Hawk Importers, Inc.’s unopposed motion to compel further responses to requests for production of documents is GRANTED.  Defendant Lion Tools, LLC is ordered to serve further responses within 15 days.  

II.            Plaintiff Hawk Importers, Inc.’s unopposed motion to compel further responses to interrogatories is GRANTED.  Defendant Lion Tools, LLC is ordered to serve further responses within 15 days.  

Sanctions are imposed against Defendant and Defendant’s former counsel, jointly and severally, in the reasonable sum of $1,260.00, payable within 30 days.

Moving Party to give NOTICE.

Plaintiff Hawk Importers, Inc. moves to compel further responses to interrogatories and document requests pursuant CCP §§ 2030.300 and 2031.310.   

CCP §§ 2030.300 and 2031.310 allow a party to file a motion compelling further answers to interrogatories if it finds that the response is inadequate, incomplete, or evasive, or an objection in the response is without merit or too general.  The motion shall be accompanied by a meet and confer declaration.  (CCP §§ 2030.300(b) and 2031.310(b).) 

The court finds Defendant’s responses are evasive and incomplete.  Defendant has also interposed objections, but waived these objections by serving untimely responses.

Accordingly, the motions to compel further responses are GRANTED.  Defendant is ordered to serve further responses within 15 days.

Sanctions: CCP §§ 2023.010(d), 2030.300(d) and 2031.310(h) authorize the court to impose sanctions against the unsuccessful party unless the court finds the party acted with substantial justification.  

Here, sanctions are warranted because Defendant served evasive and incomplete responses.  The court finds Plaintiff’s total request of $3,920.00 is excessive.  The court calculates reasonable expenses and attorney fees as follows: Three hours to prepare and argue the motions @ $380.00 per hour, plus filing fees of $120.00.  Accordingly, sanctions are imposed against Defendant and Defendant’s former counsel, jointly and severally, in the sum of $1,260.00, payable within 30 days.