Case Number: BC700779 Hearing Date: March 20, 2019 Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT

ROSIE ABERNATHY,

Plaintiff(s),

vs.

WAL-MART STORES, INC., ET AL.,

Defendant(s).

CASE NO: BC700779

[TENTATIVE] ORDER GRANTING DEFENDANT’S UNOPPOSED MOTIONS TO COMPEL AND MOTION TO DEEM RFAS ADMITTED

Dept. 3

1:30 p.m.

March 20, 2019

Defendant propounded special interrogatories, set two, form interrogatories, set two, RFAs, set two, and RPDs, set two on Plaintiff on 12/04/18. To date, despite an attempt to meet and confer, Plaintiff has not served responses. Defendant therefore seeks an order compelling Plaintiff to respond, without objections, to the outstanding interrogatories and RPDs, deeming the RFAs admitted, and imposing sanctions.

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

Defendant’s motion to deem RFAs, set two, admitted is also granted. CCP §2033.280(b).

Sanctions are mandatory. §§2030.290(c), 2031.300(c), 2033.280(c). Defendant seeks sanctions in the amount of $962.50/motion. Counsel bills at the rate of $175/hour. The Court awards one hour to prepare each form discovery motion. No opposition was filed and therefore no reply was necessary. The Court awards the requested two hours of time to appear, but only awards the time once. The Court awards a total of six hours of attorney time at the requested rate of $175/hour, or $1050 in attorneys’ fees. The Court also awards four filing fees of $60 each, or $240 in costs.

Sanctions are sought and imposed against Plaintiff and her attorney of record; they are ordered to pay sanctions to Defendant, by and through its attorney of record, in the total amount of $1,290, within twenty days. Defendant is ordered to give notice.