Judge: Matthew C. Braner, Case: 37-2023-00017615-CU-BC-CTL, Date: 2024-06-28 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - June 27, 2024

06/28/2024  09:00:00 AM  C-60 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Matthew C. Braner

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Civil - Unlimited  Breach of Contract/Warranty Discovery Hearing 37-2023-00017615-CU-BC-CTL PONCE VS BENAVIDES [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Plaintiff Clay Carrier's motion to compel responses to form interrogatories, special interrogatories, requests for production of documents, and requests for admission, is DENIED as moot.

Defendant Maria Benavides concedes she failed to serve timely responses to Plaintiff's discovery requests, but has since served responses without objections, and has produced documents consistent with those responses. As such, Plaintiff's motions have become moot, leaving only the issue of sanctions for resolution.

In his moving papers, Plaintiff sought $8,400 in sanctions. This request is plainly unreasonable, as it includes time spent propounding discovery, and vastly overstates the time required to bring a very simple and straightforward motion to compel initial discovery responses. For a motion like this, the court will award no more than two hours of work time. With a rate of $400 per hour, which the court agrees is reasonable, the total sanction is $800.

The court notes that Defendant offered $1,500 to resolve the sanctions issue. The court will not reward Plaintiff's counsel's disingenuous attestations regarding time spent on the motion or Defendant's responsiveness (i.e., the false representation in paragraph 9 of attorney Veta's declaration claiming Defendant failed to respond to discovery in July 2023) by increasing the sanction to match Defendant's offer.

Accordingly, the motion is denied as moot, but Plaintiff is awarded a sanction of $800, payable by Defendant no later than July 19, 2024.

If the tentative is confirmed, the minute order is the order of the court.

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