Judge Serena R. Murillo, Case 20STCV47912 2023-05-16 Tentative Ruling

Judge: Serena R. Murillo, Case: 20STCV47912, Date: 2023-05-16 Tentative Ruling

Case Number: 20STCV47912 Hearing Date: May 16, 2023 Dept: 31

TENTATIVE

Plaintiffs’ Motion to Compel Defendant Hercules Development, LLC’s Responses to Form Interrogatories, Set One, is GRANTED.

Plaintiffs’ Motion to Compel Defendant Hercules Development, LLC’s Responses to Requests for Production, Set One, is GRANTED.

Plaintiffs’ Motion to Compel Defendant Maybrook Homes, LLC’s Responses to Form Interrogatories, Set One, is GRANTED.

Plaintiffs’ Motion to Compel Defendant Maybrook Homes, LLC’s Responses to Requests for Production, Set One, is GRANTED.

Plaintiffs’ Motion to Compel Defendant Ezequiel Serebrisky’s Responses to Form Interrogatories, Set One, is GRANTED.

Plaintiffs’ Motion to Compel Defendant Ezequiel Serebrisky’s Responses to Requests for Production, Set One, is GRANTED.

Sanctions are imposed against Hercules Development, LLC, Maybrook Homes, LLC, Ezequiel Serebrisky, and their counsel of record in the amount of $2,760.00.

Legal Standard

“The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a response to interrogatories, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.” (Code Civ. Proc., § 2030.290, subd. (c).)

Likewise, “[t]he court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a response to a demand for inspection, copying, testing, or sampling, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.” (Code Civ. Proc., § 2031.300, subd. (c).)

Discussion

On April 25, 2023, Defendants Hercules Development LLC (“Hercules Development”), Maybrook Homes, LLC (“Maybrook Homes”), and Ezequiel Serebrisky (“Serebrisky”) filed an omnibus opposition admitting that they failed to perform their discovery obligations.

Accordingly, the motions to compel are granted. Hercules Development, Maybrook Homes, and Serebrisky are ordered to provide initial responses to Form Interrogatories, Set One, and Requests for Production of Documents, Set One.

Plaintiffs also make requests for sanctions in the amounts of $660, $1,000, $660, $1,000, $600, and $1,000—for a total of $4,920.00. In their omnibus opposition, Hercules Development, Maybrook Homes, and Serebrisky admit that sanctions are warranted, but argue the total amount should be $2,580.00 because the motions are similar and could have been filed as 3 instead of 6.

“[T]he fee setting inquiry in California ordinarily begins with the lodestar,’ i.e., the number of hours reasonably expended multiplied by the reasonable hourly rate.” (PLCM Group v. Drexler (2000) 22 Cal.4th 1084, 1095.) “The amount to be awarded in attorney's fees is left to the sound discretion of the trial court.” (Ibid.)

Plaintiffs’ counsel states her hourly rate is $400. (Hom Decl., ¶ 7.) The Court finds this rate to be reasonable. Regarding the requested hours, the Court agrees with Hercules Development, Maybrook Homes, and Serebrisky. Plaintiffs’ motions are similar and therefore awarding full hours for each would be excessive. The Court finds it reasonable to allow 2.5 hours for the first motion and then 0.5 for the other 5 for a total of 5.0 hours. No reply has been filed, but the Court will award another 1.0 hours for attending the hearing.

6.0 hours at $400 per hour is $2,400, plus the 6 filing fees of $60 is $360, for a total of $2,760 in sanctions.

Conclusion

Plaintiffs motions to compel initial responses to FROGs and RPDS are GRANTED.

Sanctions are GRANTED in the reduced amount of $2,760.00.