Judge: Matthew C. Braner, Case: 37-2022-00040354-CU-OE-CTL, Date: 2023-08-11 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - August 10, 2023

08/11/2023  09:00:00 AM  C-60 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Matthew C. Braner

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Civil - Unlimited  Other employment Discovery Hearing 37-2022-00040354-CU-OE-CTL MEADE VS KAMINSKIY DESIGN & REMODELING [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Plaintiff John Meade's motion to compel responses to requests for production of documents (set one) is DENIED as moot.

Plaintiff's request for sanctions is granted.

Plaintiff's motion was brought under Code of Civil Procedure section 2031.300, to compel initial responses to requests for production from Defendant Kaminskiy Design & Remodeling. Prior to the hearing on Plaintiff's motion, Defendant served verified responses without objection that are in substantial (though not perfect) compliance with the requirements of the Discovery Act. In this situation, the court exercises its discretionary authority to 'deny the motion to compel responses as essentially unnecessary, in whole or in part, and just impose sanctions.' (Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 409.) The parties will also be ordered to meet and confer regarding the issues with Defendant's verified responses identified in Plaintiff's reply. If meet and confer efforts do not resolve the issue, Plaintiff may file a new motion under Code of Civil Procedure section 2031.310.

As to sanctions, Plaintiff requests $4,035 in fees and costs, based on five hours of attorney work at $795/hour ($3975) plus a filing fee of $60. Both the hours expended and proposed fee rate are unreasonable. The court believes a rate of $500 per hour is more appropriate, and that three hours of work is more in line with this kind of simple, straightforward motion. The court will therefore impose a sanction of $1,560 on Defendant.

Defendant is ordered to pay monetary sanctions to Plaintiff in the amount of $1,560.00 by August 25, 2023.

The parties are ordered to meet and confer regarding the issues with Defendant's verified responses identified in Plaintiff's reply.

The minute order is the order of the court.

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