Judge: Theodore R. Howard, Case: 21-1205446, Date: 2022-09-08 Tentative Ruling

A)        Motion to Compel Responses to Form Interrogatories

Plaintiffs Redphin Productions, LLC, and Carson Lev (“Plaintiffs” together) Motion to Compel defendant Douglas Foose a.k.a. Chip Foose's (“Foose”) initial responses to Form Interrogatories, Set One (“FROG”), is MOOT in part and GRANTED in part.

Foose’s opposition brief indicates he served responses to the FROG well after these motions had been filed.  As such, the motion as to compelling initial responses is MOOT.  The only issue left before the court is that of the requested monetary sanctions pursuant to Civ. Proc. Code §§ 2023.010(d) and 2023.030.

The court finds sanctions are warranted on this motion and that Plaintiffs’ counsel’s hourly billing rate of $350 is reasonable.  Given the minimal opposition to this and the following two motions and Foose only objecting as to the amount of the sanctions, the court will grant the initial hours expended on each of the motions, but split two hours between the three motions for reply, and for hearing preparation and appearance under the lodestar method.  (PLCM Group, Inc. v. Drexler (2000) 22 Cal.4th 1084, 1096.)  The total monetary sanctions on this motion in favor of Plaintiffs and against Foose is:

$350/hr. x 3.6hrs. + $60 fee = $1,320

B)        Motion to Compel Responses to Requests for Production

Plaintiffs’ Motion to Compel Foose's initial responses to Requests for Production, Set One (“RFP”), is MOOT in part and GRANTED in part.

As with the FROG motion, supra, Foose has indicated he served responses to the RFP and therefore this motion is MOOT as to compelling the initial responses.  The only issue left before the court is that of the requested monetary sanctions pursuant to Civ. Proc. Code §§ 2023.010(d), 2023.030, and 2031.310(h).  The court reduces the requested number of hours under the lodestar method as noted above.  (PLCM Group, Inc. v. Drexler (2000) 22 Cal.4th 1084, 1096.)  The total monetary sanctions on this motion in favor of Plaintiffs and against Foose is:

$350/hr. x 3.4hrs. + $60 fee = $1,250

C)        Motion to Deem Requests for Admission as Admitted

Plaintiffs’ Motion to Deem Foose's initial responses to Requests for Admission, Set One (“RFP”), as Admitted is MOOT in part and GRANTED in part.

As with the other motions, supra, Foose has indicated he served responses to the RFA and therefore this motion is MOOT as to compelling the initial responses.  The only issue left before the court is that of the requested monetary sanctions pursuant to Civ. Proc. Code § 2033.280(d).  The court reduces the requested number of hours under the lodestar method as noted able.  (PLCM Group, Inc. v. Drexler (2000) 22 Cal.4th 1084, 1096.)  The total monetary sanctions on this motion in favor of Plaintiffs and against Foose is:

$350/hr. x 3.8hrs. + $60 fee = $1,390

The sanctions are to be paid by Foose within 20-days written notice of the hearing.

Plaintiffs to give notice.