Judge: Margaret L. Oldendorf, Case: 23AHCV00874, Date: 2024-05-13 Tentative Ruling
Case Number: 23AHCV00874 Hearing Date: May 13, 2024 Dept: P
The Court has read and considered Plaintiff’s
six Motions to Compel and Request for Sanctions, as well as Defendant’s Opposition
and Plaintiff’s Reply. The motions to compel
are moot. (See fn1 below.) Regarding sanctions, Plaintiff
requests a total of $3,402, calculated as follows: 4.8 hours of work spread across all 6 motions
at a rate of $650 per hour for a subtotal of $2,925, plus $477 in assorted
filing fees, for a grand total of $3,402.
The Court finds the hourly rate and
the amount expended reasonable. Though Defendant's counsel provides a detailed
explanation of why discovery responses were not provided earlier (See Stillman
Decl. ¶¶ 3-10), the Court does not find that these explanations give counsel
substantial justification for not responding nor does it make the imposition of
sanctions unjust. Therefore, the Court orders Defendant’s counsel to pay Plaintiff’s
Counsel sanctions in the amount of $3,402 within 30 days of this order.
The Court declines to award any
other type of sanctions, including issue sanctions and
terminating sanctions.
Dated: May 9, 2024 Judge
Jared D. Moses
1 The Court reminds parties that civil discovery is
intended to be a self-executing system with minimal judicial intervention.
(See Volkswagenwerk Aktiengesellschaft v. Superior Ct. (1981) 122
Cal.App.3d 326, 331; Clement v. Alegre (2009) 177 Cal.App.4th 1277,
1291-1292.)