Judge Michelle C. Kim, Case 20STCV43790 2023-04-17 Tentative Ruling

Defendant Uber Technologies, Inc. (“Defendant”) propounded requests for production of documents (“RPDs”), set one, on Plaintiff Diana Castillo (“Castillo”) and form interrogatories, set one, on Plaintiff Angel Simmons (“Simmons”) (collectively “Plaintiffs”) on August 29, 2022. To date, despite attempts to meet and confer, Plaintiffs have not served responses to either the RFDs or form interrogatories (“Discovery Requests”). Defendant therefore seeks an order compelling Plaintiffs to respond, without objections, to the outstanding discovery and to pay sanctions.

Defendant’s motions are unopposed. Defendants are entitled to orders compelling Plaintiffs to provide responses to the at-issue Discovery Requests. Castillo is ordered to serve verified responses to RPDs, set one, and Simmons is ordered to serve verified responses to the form interrogatories, set one, without objections, within fourteen (14) days. (CCP §§ 2030.290(a), (b), 2031.300(a), (b).)

Defendant seeks sanctions against Plaintiffs in connection with each of the motions. Sanctions are mandatory against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a response to interrogatories unless the one subject to sanctions acted with substantial justification or other circumstances make the imposition of sanctions unjust. (CCP §§ 2030.290(c), 2031.300(c).) Sanctions may be awarded, even though no opposition is filed pursuant to CRC 3.1348(a). Defendant is awarded one hour for preparing the motion to compel responses to form interrogatories, 0.5 hours for preparing the motion to compel RPDs, and one hour to appear at the hearing—but is awarded this time only once—all at the reasonable rate of $195 per hour, for a total of $487.50 in attorney fees. Further, Defendant is awarded the two motion filing fees of $60, or $120, as costs.

Defendant seeks sanctions against Plaintiffs and their attorney of record. Sanctions are sought and imposed against Plaintiff and her attorney of record, jointly and severally; they are ordered to pay sanctions to Defendant, by and through its attorney of record, in the total amount of $607.50, within twenty days.

· Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement.

· If a party intends to submit on this tentative ruling, the party must send an email to the court at sscdept31@lacourt.org with the Subject line “SUBMIT” followed by the case number. The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.

· Unless all parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument. You should assume that others may appear at the hearing to argue.

· If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court. After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave.

Hon. Michelle C. Kim

Judge of the Superior Court

Defendant Uber Technologies, Inc. (“Defendant”) propounded Form Interrogatories (Set One) (“FROG”) and Special Interrogatories (Set One) (“SROG”) (collectively the “Interrogatories”) on Plaintiff Diana Castillo (“Plaintiff”) on August 29, 2022. (Shen Decls., ¶¶ 2, Exh. A.) To date, despite an attempt to meet and confer, Plaintiff has not served responses. (Id. at ¶¶ 5-6.) Defendant therefore seeks an order compelling Plaintiff to respond, without objections, to the outstanding discovery and to pay sanctions.

Defendant’s motions are granted. Plaintiff is ordered to serve verified responses to the Interrogatories, without objections, within ten days. (Code Civ. Proc., §§ 2030.290(a)-(b).)

Sanctions are mandatory against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a response to interrogatories, unless a court makes certain findings. (Code Civ. Proc., § 2030.290(c).) Sanctions may be awarded, even though no opposition is filed pursuant to CRC 3.1348(a). Defendant seeks sanctions in the amount of $1,035 for the FROG motion (representing three hours to prepare the motion and reply, two hours to prepare for and appear at the hearing, at a rate of $195/hour, plus a $60 filing fee) and $1,327.50 for the SROG motion (representing four-and-a-half hours to prepare the motion and reply, two hours to prepare for and appear at the hearing, at a rate of $195/hour, plus a $60 filing fee). The Court awards one hour per motion for preparation of the motions because these are form motions to compel. The Court finds reasonable and awards the requested two hours to prepare for and appear at the hearing, but only awards the time once. The Court therefore awards a total of four hours of attorney time at the requested rate of $195/hour, or $780 in attorneys’ fees. The Court also awards two filing fees of $60 each, or $120 in costs. Sanctions are sought and imposed against Plaintiff and her attorney of record, jointly and severally; they are ordered to pay sanctions to Defendant, by and through its attorney of record, in the total amount of $900, within twenty days.

· Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement.

Hon. Michelle C. Kim

Judge of the Superior Court