Judge: Lisa R. Jaskol, Case: 21STCV05639, Date: 2023-08-09 Tentative Ruling

Case Number: 21STCV05639    Hearing Date: August 9, 2023    Dept: 28

Having reviewed Plaintiff Willy Jimenez’s unopposed motions to compel responses to form interrogatories, request for production of documents, and request for admissions, the Court rules as follows. 

On May 26, 2023, Plaintiff Willy Jimenez served form interrogatories, set no. one, request for production of documents, set no. one, and request for admissions, set no. one, on Defendant Benigno Barrios-Saldivar. 

Responses were due on June 27, 2023. Defendant Benigno Barrios-Saldivar failed to provide timely responses. Plaintiff Willy Jimenez now moves to compel code-compliant responses. 

The Court grants the motions to compel responses to the form interrogatories under Code of Civil Procedure section 2030.290, subdivision (b) and orders Defendant Benigno Barrios-Saldivar to provide verified responses to the interrogatories compliant with Code of Civil Procedure sections 2030.210, subdivision (a), and 2030.220 without objections by September 11, 2023. The Court grants the motion to compel responses to the request for admissions under Code of Civil Procedure section 2033.280 and orders Defendant Benigno Barrios-Saldivar to provide verified responses to the request for admissions compliant with Code of Civil Procedure sections 2033.210 and 2033.220 without objections by September 11, 2023. The Court grants the motion to compel responses to the request for production and production of items under Code of Civil Procedure section 2031.300 and orders Defendant Benigno Barrios-Saldivar to provide verified responses under Code of Civil Procedure section 2031.210 and to produce the documents, electronically stored information, and/or other things requested without objections by September 11, 2023. 

Plaintiff Willy Jimenez requests monetary sanctions of $1,061.65 for each motion, based on two hours of attorney’s work at a rate of $500.00 per hour and one $61.65 filling fee. Counsel spent one hour preparing each motion and anticipated spending one hour to attend the hearing.  The motions are substantially similar.  They are unopposed and will be heard concurrently. 

The Court awards sanctions of $1,184.95 for all three motions based on four hours of attorney’s work at a reasonable rate of $250.00 per hour and three $61.65 filling fees. (See Code Civ. Proc., §§ 2023.030, subd. (a), 2030.290, subd. (c), 2033.280, subd. (c).) 

The Court orders Defendant Benigno Barrios-Saldivar and his counsel to pay Plaintiff Willy Jimenez $1,184.95 in sanctions by September 11, 2023. 

Moving party is ordered to give notice of this ruling.