DEMIEN GEBAN vs. HECTOR RODAS,

Case Number: BC707235 Hearing Date: February 08, 2019 Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT

DEMIEN GEBAN,

Plaintiff(s),

vs.

HECTOR RODAS, ET AL.,

Defendant(s).

CASE NO: BC709518

[TENTATIVE] ORDER GRANTING DEFENDANTS’ UNOPPOSED MOTIONS TO COMPEL

Dept. 3

1:30 p.m.

February 8, 2019

Defendants propounded form interrogatories, special interrogatories, and RPDs on Plaintiff on 11/13/18. 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 amounts of $1260/motion (RPDs and special interrogatories) and $1264.95 (form interrogatories). Defense Counsel bills at the rate of $300/hour. The Court awards one hour to prepare each form discovery motion. Of note, Defendants filed separate statements with each motion; it is not clear why separate statements were filed, as these are motions to compel initial responses, not further responses. No time is awarded for the separate statements. The Court awards the requested three hours of appearance time, but only awards the time once. The Court therefore awards a total of six hours of attorney time at the rate of $300/hour, for a total of $1800 in attorneys’ fees. The Court also awards three filing fees of $60 each, plus the processing fee of $4.95, or $184.95 in costs.

Sanctions are sought and imposed against Plaintiff and his attorney of record, jointly and severally; they are ordered to pay sanctions to Defendants, by and through counsel of record, in the total amount of $1984.95, within twenty days. Defendants are ordered to give notice.

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