Case Number: BC707181 Hearing Date: May 23, 2019 Dept: 4B

[TENTATIVE] ORDER RE: MOTIONS TO COMPEL

On Feb. 27, 2019, Plaintiff filed three motions to compel responses to document requests, form interrogatories, and special interrogatories which had been due on November 11, 2018, with requests for sanctions. The motions were set for hearing on May 23, 2019. On March 5, 2019, Defendant served responses to form interrogatories and document requests. On April 10, 2019, Plaintiff filed two motions to compel further response to form interrogatories and document requests. On April 30, 2019, the parties attended an informal discovery conference at which they agreed Defendant would provide supplemental discovery responses, produce documents and provide verifications by May 15, 2019. Thereafter, Plaintiff took off calendar the two motions to compel further responses.

At this point, the original three motions to compel responses to document requests, form interrogatories, and special interrogatories appear to be moot, as Defendant has provided supplemental responses. The Court assumes Plaintiff has not taken the three original motions off calendar because Plaintiff seeks sanctions. In those motions, Plaintiff seeks $2,761.65 in fees and costs incurred for each motion for a total of $8,284.95. Sanctions are appropriate because Defendant did not provide responses until after the motions were filed, but the amount requested is excessive. It includes time not spent, such as writing reply briefs. It includes time for meeting and conferring, which counsel would have had to do even if this matter had been resolved without motions. The three motions are nearly duplicative and present the most basic of discovery motions. And counsel does not explain why a senior attorney billing at $450 per hour drafted these simple motions rather than the less expensive, more junior attorney whose name appears on the motion papers.

Accordingly, the motions to compel are denied as MOOT. The motions for sanctions are GRANTED in the amount of $1,470 (for three hours of time at the rate of $450 per hour plus $120 in filing fees), jointly and severally against Defendant and defense counsel, to be paid within twenty days of the date of this order.

Moving party to give notice.