Judge: Lisa R. Jaskol, Case: 20STCV40949, Date: 2023-08-31 Tentative Ruling

Case Number: 20STCV40949    Hearing Date: August 31, 2023    Dept: 28

Having reviewed Defendant Mark John Franca Almeria’s unopposed Motion to Compel Responses to Requests for Production, the Court rules as follows. 

On May 22, 2023, Defendant Mark John Franca Almeria served Requests for Production, Set No. One, on Plaintiff Ivan Gutierrez. 

Responses were due June 24, 2023. Plaintiff Ivan Gutierrez failed to provide timely responses. Defendant Mark John Franca Almeria now moves to compel code-compliant responses and the requested production. 

The Court grants the motion under Code of Civil Procedure section 2031.300 and orders Plaintiff Ivan Gutierrez to provide verified responses compliant with Code of Civil Procedure section 2031.210 and to produce the documents, electronically stored information, and/or other things requested without objections by September 30, 2023. 

Defendant Mark John Franca Almeria requests monetary sanctions totaling $849.15 based on 4.5 hours of attorney’s work at a rate of $175.00 per hour and 1 $61.65 filling fee. The Court awards sanctions totaling $411.65, based on 2 hours of attorney’s work and 1 filing fee, under Code of Civil Procedure sections 2023.030, subdivision (a), and 2031.300, subdivision (c). 

The Court orders Plaintiff Ivan Gutierrez and his counsel to pay Defendant Mark John Franca Almeria $411.65 in sanctions by September 30, 2023. 

Moving party is ordered to give notice of this ruling.