Case Number: BC665325 Hearing Date: May 15, 2018 Dept: 3
DANIEL GARCIA, ET AL.,
Plaintiff(s),
vs.
BONNIE STEVENSON, ET AL.,
Defendant(s).
Case No.: BC665325
[TENTATIVE] ORDER GRANTING MOTIONS TO COMPEL
Dept. 3
1:30 p.m.
May 15, 2018
Defendants filed and served a total of six discovery motions in this action. There are two plaintiffs and two defendants in the action, and each motion concerns a set of discovery (form interrogatories, special interrogatories, and requests for production of documents) propounded by Defendants on one of the two plaintiffs.
Defendants propounded the subject discovery on Plaintiffs on 8/15/17. Because Plaintiffs’ attorney was relieved as counsel on 10/26/17, Defendants re-served the discovery on Plaintiffs, in pro per, on 11/20/17. To date, despite an attempt to meet and confer, Plaintiffs have not served responses. Defendants therefore seek an order compelling Plaintiffs to respond, without objections, to the outstanding discovery and to pay sanctions.
Defendants’ motions are granted. Plaintiffs are ordered to serve verified responses to form interrogatories, special interrogatories, and RPDs, without objections, within fifteen 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 $592/motion – two hours to prepare each motion and two hours to appear at the hearing, all at $133/hour, plus filing fees. The Court finds one hour per motion is reasonable to prepare these form motions to compel. The Court finds reasonable and awards the requested two hours to appear, but only awards the time once. The Court therefore awards a total of eight hours of attorney time at the requested rate of $133/hour, or $1064 in attorneys’ fees. The Court also awards six filing fees of $60 each, or a total of $360 in costs. Sanctions are sought and imposed against Plaintiffs; they are ordered to pay sanctions to Defendants, by and through their attorney of record, in the total amount of $1784 ($892/Plaintiff), within twenty days. Defendants are ordered to give notice.