Judge: Thomas D. Long, Case: 23STCV28569, Date: 2024-05-21 Tentative Ruling

Case Number: 23STCV28569    Hearing Date: May 21, 2024    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

WILLIAM HOYMAN,

                        Plaintiff,

            vs.

 

MICHAEL ELLIOTT PLOTKIN,

 

                        Defendant.

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      CASE NO.: 23STCV28569

 

[TENTATIVE] ORDER GRANTING MOTIONS TO COMPEL RESPONSES TO PRODUCTION OF DOCUMENTS AND FORM INTERROGATORIES

 

Dept. 48

8:30 a.m.

May 21, 2024

 

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On March 14, 2024, Plaintiff William Hoyman sent Request for Production of Documents (Set One) and Form Interrogatories – General (Set One) to Defendant Michael E. Plotkin.  Defendant did not provide any responses.

On April 25, 2024, Plaintiff filed two motions to compel Defendant’s responses.  Plaintiff also requested sanctions.

Where a party fails to serve timely responses to discovery requests, the Court may make an order compelling responses.  (Code Civ. Proc., §§ 2030.290, 2031.300; Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 403.)   A party that fails to serve timely responses waives any objections to the request, including ones based on privilege or the protection of attorney work product.  (Code Civ. Proc., §§ 2030.290, subd. (a), 2031.300, subd. (a).) 

Defendant did not serve responses to Plaintiff’s discovery and filed no oppositions to these motions.  Accordingly, the motions to compel are GRANTED.

Defendant is ORDERED to serve verified responses, without objections, to Plaintiff’s Request for Production of Documents (Set One) and Form Interrogatories – General (Set One) within 30 days of this order.

Each motion requests sanctions of $2,380.00, calculated as counsel spending “a total of 4 hours to draft this motion, argue this motion in court, and draft a reply to Plaintiff’s Opposition” at his hourly rate of $595.  (DeClercq Decl. ¶ 4.)  The Court will not award fees for drafting replies to these unopposed motions.  The Court finds that a reasonable sanction for each motion is $1,785.00.

Defendant is ORDERED to pay a total sanction of $3,570.00 to Plaintiff within 30 days.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit.  If all parties in the case submit on the tentative ruling, no appearances before the Court are required unless a companion hearing (for example, a Case Management Conference) is also on calendar.

 

         Dated this 21st day of May 2024

 

 

 

 

Hon. Thomas D. Long

Judge of the Superior Court