Judge: Lee W. Tsao, Case: 23NWCV02395, Date: 2024-10-22 Tentative Ruling

Case Number: 23NWCV02395    Hearing Date: October 22, 2024    Dept: C

Mary Simmons, et al. vs Jieun Park, et al.

Case No.: 23NWCV02395

Hearing Date: October 22, 2024 @ 10:30 a.m.

#5

Tentative Ruling

Plaintiffs Mary Simmons and Raymond Schaafe’s Motion to Compel Further Response to Form Interrogatories (Set One) is deemed MOOT.  Sanctions are awarded in the total amount of $1,186.65 against defendants and counsel, jointly and severally, payable in 60 days. 

This case arises from a motor vehicle accident. On August 2, 2023, Plaintiffs Mary Simmons and Raymond Schaafe (“Plaintiffs”) filed suit against Defendants Jieun Park and Jooheon Park ("Defendants”) alleging general negligence.

Plaintiffs move to compel further response to Form Interrogatories, Set One, Number 15.1, as to each Defendant.  This interrogatory reads as follows:

·        Identify each denial of a material allegation and each special or affirmative defense in your pleadings and for each;

o   (a) state all facts upon which you base the denial or affirmative defense

o   (b) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of those facts; and

o   (c) identify all DOCUMENTS and other tangible things that support your denial or special affirmative defense, and state the name, ADDRESS and telephone number of the PERSON who has each DOCUMENT

In a jointly filed opposition, Defendants state they served supplemental responses on October 9, 2024. (Morales Decl., Ex. A.)

Because further responses have been served, the Court deems the instant motions MOOT.

Sanctions

The court shall impose a monetary sanction against the party who unsuccessfully makes or opposes a motion to compel further responses to interrogatories or demand for production of documents unless the party subject to the sanction acted with substantial justification or the sanction would otherwise be unjust. (Code of Civ. Proc., §§ 2030.300, subd. (d), 2031.310, subd. (h), 2033.290, subd. (d).)

Plaintiffs request sanctions in the amount of $1,436.65 (1 hour preparing the meet and confer correspondence, 1.5 hour spent preparing the motion, .5 hours reviewing the opposition, .5 hours preparing the reply, and two hours spent appearing at the Court, at a rate of $250.00 per hour, in addition to the $61.65 filing fee) as to each Defendant.

Defendants did not serve supplemental responses until well after the agreed upon deadline of January 30, 2024 (the same date these motions were filed).  Thus, sanctions are warranted. 

However, the finds that amount requested by Plaintiffs is excessive, in part because the two motions are nearly identical to each other.  Thus, sanctions are awarded in the total amount of $1,186.65 against both defendants and counsel, jointly and severally, payable in 60 days.