JOSE LUIS ESTRADA vs. BRUCK MENGISTU

Case Number: 19STCV06863 Hearing Date: August 20, 2019 Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT

JOSE LUIS ESTRADA, ET AL.,

Plaintiffs,

vs.

BRUCK MENGISTU, ET AL.,

Defendants.

CASE NO: 19STCV06863

[TENTATIVE] ORDER GRANTING DEFENDANT BRUCK MENGISTU’S MOTIONS TO COMPEL PLAINTIFF JOSE ESTRADA’S RESPONSES TO (1) FORM INTERROGATORIES (SET ONE); AND (2) REQUEST FOR PRODUCTION OF DOCUMENTS (SET ONE); ORDER GRANTING DEFENDANT BRUCK MENGISTU’S MOTIONS TO COMPEL PLAINTIFF SILVIA ESTRADA’S RESPONSES TO (1) FORM INTERROGATORIES (SET ONE); AND (2) REQUEST FOR PRODUCTION OF DOCUMENTS (SET ONE)

Dept. 3

1:30 p.m.

August 20, 2019

Defendant Bruck Mengistu’s unopposed Motions to Compel Plaintiff Jose Estrada’s Responses to Form Interrogatories (Set One) and Request for Production of Documents (Set One) are GRANTED.

Defendant Bruck Mengistu’s unopposed Motions to Compel Plaintiff Silvia Estrada’s Responses to Form Interrogatories (Set One) and Request for Production of Documents (Set One) are GRANTED.

Plaintiffs Jose Estrada and Silvia Estrada are ordered to serve verified responses to the outstanding discovery, without objections, within fifteen days.

Defendant’s request for sanctions is GRANTED against Plaintiffs Jose Estrada, Silvia Estrada, and Plaintiffs’ attorney or record, Herbert Godel, Esq. of Godel & Associates, jointly and severally, in the amount of $900.00. Plaintiffs and their counsel of record, Herbert Godel, Esq., are ordered to pay sanctions to Defendant, by and through counsel of record, in the amount of $900.00, within thirty days.

Defendant propounded its first set of form interrogatories and request for production of documents on Plaintiffs on April 11, 2019. (Langin Decl., ¶ 3.) Plaintiffs’ responses were originally due on May 16, 2019. Plaintiffs failed to provide any responses. As of the date of the filing of the subject motions, July 11, 2019, Defendant had not received Plaintiffs’ discovery responses. Defendant therefore seeks an order compelling Plaintiffs to provide verified responses, without objections, to the outstanding discovery and to pay sanctions. Plaintiffs have not filed an opposition.

Defendant’s motions to compel are granted. Plaintiffs are ordered to serve verified responses to Defendant’s Form Interrogatories, Set One and Request for Production of Documents, Set One, without objections, within fifteen days. (Code Civ. Proc. §§ 2030.290, subds. (a)-(b), 2031.300, subds. (a)-(b).)

Sanctions are mandatory. (Code of Civ. Proc. §§ 2030.290(c), 2031.300(c), 2033.280(c).) Defendant seeks sanctions in the total amount of $4,200.00 in connection with the four motions ($1,050.00 per motion). While sanctions are justified, the Court finds Defendant’s request unreasonable. The Court finds one hour to prepare each of the motions to compel is reasonable. The Court therefore awards a total of four hours of attorney time at counsel’s rate of $165.00/hour, or $660.00 in attorneys’ fees. (See Langin Decl., ¶ 7.) The Court also awards costs in the amount of $240.00 for the four filing fees of $60.00. (See id.) The sanctions are awarded against Plaintiffs Jose Estrada, Silvia Estrada, and Plaintiff’s counsel of record, Herbert Godel, Esq.

Moving party to give notice.

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