TERESA PEREZ vs. EMIGEL CALERO RESYSTA.

Case Number: BC694681 Hearing Date: May 07, 2019 Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT

TERESA PEREZ, ET AL.,

Plaintiff(s),

vs.

EMIGEL CALERO RESYSTA., ET AL.,

Defendant(s).

CASE NO: BC694681

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

Dept. 3

1:30 p.m.

May 7, 2019

Defendant propounded special interrogatories, form interrogatories, RFAs, and RPDs on Plaintiff, Teresa Perez on 11/18/18. To date, despite a meet and confer effort, 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, special interrogatories, and RPDs, without objections, within ten days. CCP §§2030.290(a),(b), 2031.300(a),(b).

Defendant’s motion to deem RFAs 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 $2362.95. The Court awards the requested 1.5 hours to prepare the motion. No opposition was filed and therefore no reply was necessary. The Court awards three hours of time to appear; the Court does not find it reasonable to require Plaintiff to pay for Defendant’s choice to retain an attorney outside of Los Angeles County. The Court awards a total of 4.5 hours of attorney time at the requested rate of $295/hour, or $1327.50 in attorneys’ fees. The Court also awards the requested $150.45 in costs.

Sanctions are sought and imposed against Plaintiff and her attorney of record, jointly and severally; they are ordered to pay sanctions to Defendant, by and through his attorney of record, in the total amount of $1477.95, within twenty days. Defendant is ordered to give notice.

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