Judge: Theodore R. Howard, Case: 19-1051072, Date: 2022-09-15 Tentative Ruling

The Motion to Compel Depositions of Plaintiffs Irvine Spectrum Center LLC’s and The Irvine Company LLC’s Person(s) Most Qualified, etc., filed by moving party Defendant Urban Home (here “MP”) is GRANTED IN PART.

The Motion seeks an Order compelling the depositions of the persons most qualified from plaintiff Irvine Spectrum Center LLC (“ISC”) and its predecessor plaintiff The Irvine Company LLC (collectively the “Plaintiff”), along with production of documents, as identified in the notices served on 6/28/21. (ROA 78, Exs. A, B [the “Notices”].)  No Opposition brief or responsive Separate Statement has been submitted. The only response provided is a declaration from Mr. Park, filed on 7/15/22 (ROA 92), which concedes that the Motion should be granted and does not attempt to defend the objections belatedly served on July 19, 2021, but requests additional time for depositions to be scheduled. 

As counsel has already had ample time to identify and propose convenient dates, the Court expects dates to be set forthwith, and will expect the parties to be prepared to identify proposed dates at the time of the hearing.  With regard to the document requests in the Notices, responsive documents are to be produced, along with a privilege log for anything withheld, by 9/30/22.

The Motion’s request for sanctions is granted in part. Although the hourly rate claimed is reasonable for seasoned counsel, a $400/hour rate appears more appropriate for the Motion overall.  In addition, as minimal opposition was presented and no reply was filed, the Court finds that sanctions should be imposed only for 14 of the hours claimed, for a total award of $5,600.  As the evidence presented reflects that the Motion was necessitated, at least in substantial part, by Plaintiff’s counsel, those sanctions are imposed on ISC and its counsel, Bewley, Lassleben & Miller, LLP, jointly and severally. Such sanctions are to be paid to MP, through its counsel of record, within 30 days after service of notice of this ruling.

Counsel for MP is to promptly submit a proposed order which comports with the foregoing, in accordance with C.R.C. 3.1312, and is to give notice of this ruling