Judge: Robert B. Broadbelt, Case: 22STCV02611, Date: 2023-05-23 Tentative Ruling

Case Number: 22STCV02611    Hearing Date: May 23, 2023    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                 Plaintiff Sofia Nemzer           

RESPONDING PARTY:       Defendant 1544 9th Street, LLC

Motion to Compel Responses to First Set of Discovery Requests

The court considered the moving, opposition, and reply papers filed in connection with this motion.

DISCUSSION

Plaintiff Sofia Nemzer (“Plaintiff”) moves the court for an order (1) compelling defendant 1544 9th Street, LLC (“Defendant”) to respond to Plaintiff’s (i) Form Interrogatories, (ii) Special Interrogatories, and (iii) Requests for Production of Documents, and (2) awarding monetary sanctions in favor of Plaintiff and against Defendant in the amount of $2,600.

First, the court notes that Plaintiff has filed only one motion but moves the court for an order compelling Defendant to respond to three sets of discovery.  The uniform filing fee for a discovery motion is $60.  (Gov. Code, § 70617, subd. (a)(4).)  Plaintiff was required to file three separate motions to compel responses to initial discovery but filed only one motion and therefore paid only one filing fee in connection with the pending Motion to Compel Responses to First Set of Discovery Requests.  The court therefore orders Plaintiff to pay $120 ($60 filing fee x two additional discovery motions) to the court within 30 days of the date of this order. 

Second, the court denies as moot Plaintiff’s motions to compel Defendant to respond to Plaintiff’s Form Interrogatories, Special Interrogatories, and Requests for Production of Documents.  In opposition, Defendant presents the declaration of its counsel, in which counsel states that Defendant served responses to Plaintiff’s discovery requests on February 8, 2023, and served further responses on February 23, 2023.  (River Decl., ¶¶ 8-9.)  The court notes that, while Defendant did not attach copies of these responses to its opposition, it appears that Plaintiff does not dispute that Defendant served substantive discovery responses on those dates.  (Reply, p. 2:14-18.)

Third, the court grants Plaintiff’s request for monetary sanctions against Defendant.  (Code Civ. Proc., §§ 2030.290, subd. (c), 2031.300, subd. (c).)  The court finds that $1,950 (3 hours x $650 hourly rate) is a reasonable amount of sanctions to impose against Defendant in connection with this motion.  (Shakhnis Decl., ¶¶ 19-20.)

ORDER

The court denies as moot plaintiff Sofia Nemzer’s motion to compel defendant 1544 9th Street, LLC to respond to first set of discovery requests.

The court grants plaintiff Sofia Nemzer’s request for monetary sanctions.  The court orders defendant 1544 9th Street, LLC to pay sanctions in the amount of $1,950 to plaintiff Sofia Nemzer within 30 days of the date of this order.

The court orders plaintiff Sofia Nemzer to pay filing fees in the amount of $120 to the court within 30 days of the date of this order.

The court orders plaintiff Sofia Nemzer to give notice of this ruling.

IT IS SO ORDERED.

DATED:  May 23, 2023

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court