ase Number: BC656027 Hearing Date: August 06, 2018 Dept: 3
STEVEN SCOTT, ET AL.,
Plaintiff(s),
vs.
CITY OF REDONDO BEACH, ET AL.,
Defendant(s).
CASE NO: BC656027
[TENTATIVE] ORDER GRANTING DEFENDANT’S UNOPPOSED MOTIONS TO COMPEL AND MOTIONS TO DEEM RFAS ADMITTED
Dept. 3
1:30 p.m.
August 6, 2018
Defendants, City of Redondo Beach and Scott Martin propounded special interrogatories, form interrogatories, RFAs, and RPDs on each of the four plaintiffs, Steven, Sandra, James, and Matthew Scott on 5/03/18. To date, despite an attempt to meet and confer effort, Plaintiffs have not served responses. Defendant therefore seeks an order compelling Plaintiffs to respond, without objections, to the outstanding interrogatories and RPDs, deeming the RFAs admitted, and imposing sanctions.
Importantly, there are essentially fifteen motions on calendar today and ONE on calendar on 8/08/18. On 8/08/18, the Court is scheduled to hear Defendant’s motion to deem RFAs admitted against Plaintiff, Steven Scott. The Court is not ruling on Defendant’s motion to deem RFAs admitted against Steven Scott in connection with the instant ruling.
Defendant’s motions to compel are granted. Plaintiffs are 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).
Defendant’s motions to deem RFAs admitted are also granted. RFAs propounded on Sandra, James, and Matthew Scott are deemed admitted. CCP §2033.280(b).
Sanctions are mandatory. §§2030.290(c), 2031.300(c), 2033.280(c). Defendant seeks sanctions in the amount of $2250 in connection with the motions to compel and $1250 in connection with the motions to deem RFAs admitted. The request for sanctions is not fully compliant with CCP §2023.040, which requires a request for sanctions to be “accompanied by a declaration setting forth facts supporting the amount of any monetary sanction sought.” Counsel does not explain what tasks his associate billed for vs. which tasks he billed for. The Court finds all tasks associated with boilerplate discovery motions can be performed by an associate. The Court awards one hour of associate time at the requested associate rate of $125/hour to draft each of the two motions. No opposition was filed and therefore the reply/notice of non-opposition was unnecessary. The Court awards one hour to appear at the hearing, and only awards the time once. The total sanctions award is three hours at the rate of $125/hour, or $375. The Court notes that additional sanctions are sought in connection with the reply, but those sanctions are not adequately noticed and the request for them is denied.
Sanctions are sought and imposed against Plaintiffs and their attorney of record, jointly and severally; they are ordered to pay sanctions to Defendant, by and through its attorney of record, in the total amount of $375, within twenty days.
Defendant is ordered to give notice.