Judge: Yolanda Orozco, Case: 22STCV01348, Date: 2022-09-29 Tentative Ruling
Case Number: 22STCV01348 Hearing Date: September 29, 2022 Dept: 31
MOTIONS TO COMPEL DISCOVERY RESPONSES ARE GRANTED
Plaintiff’s Motions to Compel response from Defendants IIrena Tribunskya and Ellis Chane to Request for Production, Set One and Form Interrogatories, Set One is GRANTED.
The Court also GRANTS $680.00 in
sanctions against Defendants and Defendants’ counsel of record.
On January 12, 2022, Plaintiff Ken Seaton filed a Complaint against Defendants Ellis Chane, Irena Tribunskya, and Does 1 to 10 for conversion, negligence, and return of security deposit.
An Answer was filed on February 22, 2022.
On June 15, 2022, Plaintiff filed
two Motions to Compel Discovery. No Opposition has been filed.
Legal Standard
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).) Unlike a motion to compel further responses, a
motion to compel responses is not subject to a 45-day time limit and the
propounding party has no meet and confer obligations. (Sinaiko Healthcare
Consulting, Inc. v. Pac. Healthcare Consultants (2007) 148 Cal.App.4th 390, 404.)
Discussion
Motions
to Compel
Plaintiff seeks to compel
responses to Request Production of Documents, Set One and Form Interrogatories,
Set One from Defendant Irena Tribunskya.
Plaintiff asserts that the
discovery was propounded on Defendants on March 31, 2022. (Mot. Ex. 1)
Responses were due on or before May 05, 2022, but no responses were received.
Plaintiff asserts they provided additional time to respond, but no response
came prior to filing this motion.
Sanctions
Plaintiff’s counsel represents his billing rate is $400.00 per hour and that he spent 2.0 hours preparing each motion and anticipates spending 1.0 hours preparing a reply brief and/or attending the hearing on the first motion, along with a $40.00 fee cost. (Cabanday Decl.)
Accordingly, Plaintiff’s counsel seeks $1,240.00 in Sanctions against Defendant and her attorney of record for each of the two motions.
The Court finds the amount spent drafting and responding to the motions is excessive. The Court grants $600.00 in Sanctions against Defendants and Defendants’ counsel of record for 1.5 hours of work for both Motions, plus $80.00 for fees and costs.
Conclusion
Plaintiff’s Motions to Compel response from Defendants IIrena Tribunskya and Ellis Chane to Request for Production, Set One and Form Interrogatories, Set One is GRANTED.
The Court also GRANTS $680.00 in sanctions against Defendants and Defendants’ counsel of record.
Moving party to give notice.
The
parties are strongly encouraged to attend all scheduled hearings virtually or
by audio. Effective July 20, 2020, all matters will be scheduled virtually
and/or with audio through the Court’s LACourtConnect technology. The parties
are strongly encouraged to use LACourtConnect for all their matters. All masking
protocols will be observed at the Courthouse and in the courtrooms.