Judge: Maurice A. Leiter, Case: 19STCV37503, Date: 2022-08-26 Tentative Ruling

Case Number: 19STCV37503    Hearing Date: August 26, 2022    Dept: 54

Hearing Date: August 26, 2022

Department 54, Judge Maurice A. Leiter

Motion to Compel Responses to Discovery

Moving Party: Cross-Defendants Greenwich Blackhawk Partners and Kirk Neuner

Responding Party: None

T/R:     CROSS-DEFENDANTS’ MOTION TO COMPEL VERIFIED RESPONSES TO DISCOVERY IS GRANTED.

CROSS-COMPLAINANT GOLD IS ORDERED TO SERVE VERIFICATIONS TO THE SUBJECT DISCOVERY WITHIN 10 DAYS OF NOTICE OF RULING.

CROSS-DEFENDANTS’ REQUEST FOR SANCTIONS IS GRANTED IN THE REDUCED AMOUNT OF $720.00, PAYABLE WITHIN 30 DAYS.

CROSS-DEFENDANTS TO NOTICE.

If the parties wish to submit on the tentative, please email the courtroom at¿SMCdept54@lacourt.org¿with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing. 

The Court considers the moving papers. No opposition has been received.

BACKGROUND

            On July 22, 2020, Plaintiff Greenwich Blackhawk Partners sued Defendants David Bren and Jennifer Anne McKay Gold for unpaid legal fees.

On April 6, 2021, Bren and Gold filed a cross-complaint against Greenwich Blackhawk Partners and Kirk Neuner. On October 4, 2021, Bren and Gold filed a first amended cross-complaint, asserting causes of action for (1) negligent breach of fiduciary duty; (2) intentional breach of fiduciary duty; and (3) UCL violations. Bren and Gold allege Greenwich Blackhawk and Neuner’s legal billings were improper.

ANALYSIS

When timely responses to interrogatories are not received, “[t]he party propounding the interrogatories may move for an order compelling response to the interrogatories.”  (CCP § 2030.290(b).)

Cross-Defendants move for an order compelling verified responses to FIs, set three against Cross-Complainant Jennifer Gold. Cross-Defendants state that Gold served unverified responses on June 17, 2022. Gold does not oppose this motion to show verifications have been served. The motion is GRANTED.

Cross-Defendants seek $1,600.00 in sanctions. This includes five hours to review an opposition and draft a reply. Gold has not opposed this motion. The Court will allow 3 hours of attorney time at $220.00 per hour plus the filing fee, for a total of $720.00.