Case Number: BC671398 Hearing Date: March 09, 2018 Dept: 92

SANDRA HANDLEY,

Plaintiff(s),

vs.

ARBOR PHARMACEUTICALS, LLC, ET AL.,

Defendant(s).

)

)

)

)

)

)

)

)

)

)

)

)

CASE NO: BC671398

[TENTATIVE] ORDER GRANTING DEFENDANT’S UNOPPOSED MOTIONS TO COMPEL DISCOVERY AND STATEMENT OF DAMAGES

Dept. 92

1:30 p.m.

March 9, 2018

Defendants propounded form interrogatories, special interrogatories, and RPDs on Plaintiff on November 29, 2017. To date, despite an attempt to meet and confer, Plaintiff has not served responses. Defendants therefore seek an order compelling Plaintiff to respond, without objections, to the outstanding discovery and to pay sanctions.

Defendants’ motions are granted. Plaintiff is ordered to serve verified responses to form interrogatories, special interrogatories, and RPDs, without objections, within ten days. CCP §§2030.290(a),(b), 2031.300(a),(b).

Sanctions are mandatory. §§2030.290(c), 2031.300(c). Defendants seek sanctions in the amount of $1,860/motion – three hours to prepare each motion, one and a half hours to prepare a reply, and three hours to appear at the hearing, all at $240/hour, plus filing fees. The Court awards one hour per motion for preparation of the motions because these are form motions to compel. The Court finds reasonable and awards the requested three hours to appear, but only awards the time once. No amount is awarded for reply briefs, as no reply briefs were filed.

The Court therefore awards a total of six hours of attorney time at the requested rate of $240/hour, or $1,440 in attorneys’ fees. The Court also awards three filing fees of $60 each, or $180 in costs. Sanctions are sought and imposed against Plaintiff and her attorney of record, jointly and severally; they are ordered to pay sanctions to Defendants, by and through their attorney of record, in the total amount of $1,440, within twenty days.

In addition to the foregoing, on November 29, 2017, Defendants served a Request for Statement of Damages. To date, despite an attempt to meet and confer, Plaintiff has not served a Statement of Damages. Pursuant to CCP § 425.11(b), Defendants are entitled to petition the Court for an order compelling Plaintiff to provide a Statement of Damages.

This motion is also granted. Plaintiff shall serve a Statement of Damages within 15 days as per the CCP. No sanctions are sought or awarded for this motion.

Moving party to provide notice.

\\

\\

\\

Dated this 9th day of March, 2018

Hon. Marc Gross

Judge of the Superior Court