Judge: Mark C. Kim, Case: 22LBCV00045, Date: 2022-08-23 Tentative Ruling

Case Number: 22LBCV00045    Hearing Date: August 23, 2022    Dept: S27

1.     Background Facts

Plaintiff, Shoreline Cellar, Inc. filed this action against Defendant, Broadway and Pine, LLC for breach of lease agreement, alleging Defendant did not deliver Plaintiff the leased property in the condition promised pursuant to the lease. 

Plaintiff filed its complaint on 1/28/22.  Defendant filed its answer on 3/11/22.  On 7/07/22, the Court granted Defendant’s motion for leave to file a cross-complaint, which Defendant filed the same day.

2.     Motions to Compel

Defendant propounded FROGs, SROGs, and RPDs on Plaintiff on 4/07/22.  To date, despite attempts to meet and confer, Plaintiff has not served responses.  Defendant therefore moves to compel responses to the outstanding discovery, without objections, and seeks imposition of monetary sanctions. 

The motions to compel are granted.  Plaintiff is ordered to serve responses, without objections, within ten days.  CCP §§2030.290(a), (b), 2031.300(a), (b). 

Sanctions are mandatory unless Plaintiff shows good cause or substantial justification.  Plaintiff has not filed opposition, and has therefore not made that showing.  Defendant seeks sanctions in the amount of $1051/motion.  Defense Counsel declares he spent four hours to draft each motion, and will spend three hours to prepare for, travel to, and appear at the hearing on the motions; Counsel bills at the rate of $425/hour.  Any attorney who bills at the rate of $425/hour should be able to draft a form discovery motion in absolutely no more than one hour.  No hearing preparation is necessary in connection with an unopposed discovery motion.  The Court asks parties to participate in hearings remotely, so no travel time is necessary either.  The Court awards one hour to prepare each motion, plus one hour to appear at the hearing, for a total of four hours at the rate of $425/hour, or $1700.  The Court awards the three requested filing fees of $60 each, or $180 in costs. 

Sanctions are sought and imposed against Plaintiff only and not against its attorney of record.  Plaintiff is ordered to pay sanctions to Defendant, by and through its attorney of record, in the total amount of $1880, within twenty days. 

3.     Case Management Conference

The parties are reminded that there is a CMC on calendar contemporaneously with the hearing on the above motion.  Counsel are asked to make arrangements to appear remotely at the hearing on the motion and the CMC.