Judge: Mark C. Kim, Case: 21LBCV00286, Date: 2022-11-03 Tentative Ruling

Case Number: 21LBCV00286    Hearing Date: November 3, 2022    Dept: S27

Plaintiff propounded form interrogatories, set two, RFAs, set two, and RPDs, set two on Defendant, Farhad Tony Modiri on 4/15/22.  To date, despite meet and confer efforts resulting in an indication that responses would be served, Defendant has not served responses.  Plaintiff therefore seeks an order compelling Defendant to respond, without objections, to the outstanding FROGs and RPDs, deeming the RFAs admitted, and ordering Defendant to pay sanctions.

Plaintiff’s motions are granted.  Defendant is ordered to serve verified responses to the subject FROGs and RPDs, without objections, within ten days.  CCP §§2030.290(a),(b), 2031.300(a),(b).  The RFAs are deemed admitted.  §2033.280(a),(b). 

Sanctions are mandatory.  §§2030.290(c), 2031.300(c) 2033.280(c).  Plaintiff seeks sanctions in the amount of $1277.50/motion against Defendant only and not against his attorney of record.  Plaintiff’s attorney bills at the rate of $365/hour.  The Court awards one hour to prepare each form discovery motion.  No opposition was filed and therefore no time to file a reply is awarded.  The Court awards one hour for the remote appearance in connection with the motions.  The Court therefore awards a total of four hours of attorney time at the rate of $365/hour, or $1460, in attorneys’ fees.  No filing fees are sought, and none are awarded.

Sanctions are sought and imposed against Defendant only.  Defendant is ordered to pay sanctions to Plaintiff, by and through its attorney of record, in the total amount of $1460, within twenty days.     

Plaintiff is ordered to give notice.

Parties who intend to submit on this tentative must send an email to the court at sscdept31@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.