Judge: Michael Small, Case: 23STCV07113, Date: 2024-05-15 Tentative Ruling

Case Number: 23STCV07113    Hearing Date: May 15, 2024    Dept: 57

On calendar today, May 15, 2024, is Plaintiff's Motion to Compel Further Responses to Form Interrogatories -- Employment (Set One).  Defendant  did not file an opposition.  The memorandum and separate statement that Plaintiff filed in support of this Motion demonstrates that Plaintiff is entitled to the relief she is seeking and thus the Motion is GRANTED.   Defendant must provide further responses by May 29, 2024.  Because Defendant's position in this discovery dispute was not substantially justified (to put it mildly), Plaintiff is entitled to recover as a monetary sanction against Defendant the attorney's fees and costs that Plaintiff incurred in connection with the Motion.  The attorney's fees are $1,575  (3.5 hours for the work on the Motion, multiplied by Plaintiff's counsel's billing rate of $450 per hour).  The costs are $60.  The total of the monetary sanctions is $1,635.  Defendant must pay that amount to Plaintiff by June 24, 2024.  The sanction is not imposed against Defendant's counsel because, in the Motion, Plaintiff's counsel did not identify Defendant's counsel by name, which is required.  (Sole Energy Co. v. Hodges (2005) 128 Cal.App.4th 199, 207.)

On calendar tomorrow, May 16, 2024, is Plaintiff's Motion to Compel Further Responses to Request for Production of Documents (Set One).  Defendant did not file an opposition to this Motion either.  The memorandum and separate statement that Plaintiff filed in support of this Motion demonstrates that Plaintiff is entitled to the relief she is seeking and thus the Motion is GRANTED.  Defendant must provide further responses by May 29, 2024.  Here too, Defendant's position in the discovery dispute that led to this Motion was not substantially justified.  Plaintiff is entitled to recover as a monetary sanction against Defendant the attorney's fees and costs that Plaintiff incurred in connection with the Motion.  Here too, the amount of monetary sanctions to which Plaintiff is entitled is $1,635.  Defendant must pay that amount to  Plaintiff by June 24, 2024.