SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

 

I. Motion to Compel¿ 

 

Plaintiff Evelyn Lemus (“Plaintiff”) propounded form interrogatories, set one, on Defendant Nungaray Enterprises, Inc. (“Nungaray”) on February 1, 2023. Plaintiff unilaterally offered Nungaray an extension up and until April 17, 2023 to provide responses. To date, Nungaray has not responded to Plaintiff’s counsel or served responses. Plaintiff therefore seeks an order compelling Nungaray to respond, without objections, to the outstanding discovery and to pay sanctions. 

 

In opposition, Defendant Nungaray provides that verified responses, without objections, had been served and that the motion is now moot.  

 

In reply, Plaintiff agrees her motion is now moot, but that sanctions are still warranted. Defense counsel contends sanctions are not warranted because defense counsel was transitioning between two paralegals, and discovery was forgotten until the instant motion was filed. 

 

Therefore, the Court will only address the issue of sanctions. 

 

II. Sanctions¿ 

 

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).)¿Defense counsel’s in-office issues with their paralegals is not sufficient grounds to find sanctions unwarranted. Plaintiff had to file a motion to compel in order to receive responses after having properly served discovery. Here, Plaintiff seeks sanctions in the amount of $1,560 for the motion.  

 

A court has discretion to award sanctions that are “suitable and necessary to enable the party seeking discovery to obtain the objects of the discovery he seeks” but they should not be punitive in nature or levied for the purposes of punishing an offending party. (Vallbona v. Springer (1996) 43 Cal.App.4th 1525, 1545.)    

 

Therefore, Plaintiff is awarded 1 hour to prepare the instant motion, and one hour for the reply and to appear at the hearing together, at the requested rate of $300 per hour, for a total of $600 in attorney’s fees. Further, Plaintiff is awarded one motion filing fee of $60 as costs.   

 

Sanctions are imposed against Nungaray Enterprises, Inc. and its attorney of record, jointly and severally.  Nungaray Enterprises, Inc. and/or its counsel are ordered to pay sanctions to Plaintiff, by and through counsel of record, in the total amount of $660, within fifteen (15) days.