Case Number: BC718012 Hearing Date: September 09, 2019 Dept: 5

Superior Court of California
County of Los Angeles
Department 5

eva cisneros,

Plaintiff,

v.

jessica romero,

Defendant.

Case No.: BC718012

Hearing Date: September 9, 2019

[TENTATIVE] order RE:

motions to compel discovery responses

Defendant Jessica Romero (“Defendant”) move to compel responses from Plaintiff Eva Cisneros (“Plaintiff”) to: Form Interrogatories, Set One (“FROG”), Special Interrogatories, Set One (“SROG”), and Requests for Production of Documents, Set One (“RPD”). Defendant served the discovery requests on February 14, 2019, by mail, meaning that the responses were due on or before March 21, 2019. In fact, Plaintiff served verified discovery responses by mail and facsimile on March 21, 2019. Inexplicably, Defendant filed the instant motions on July 26, 2019, claiming that Plaintiff has not responded to the outstanding discovery requests. Based upon the foregoing, the motions are denied. Plaintiff requests sanctions against Defendant and counsel-of-record. The Court finds that there is no substantial justification for this litigation—which appears to have been wholly unnecessary—and that Defendant and her counsel have abused the discovery process. Therefore, the Court orders sanctions against Defendant and her counsel-of-record in the amount of $1,500 based on six hours of attorney time at a billing rate of $250 per hour.

CONCLUSION AND ORDER

Defendant’s motions to compel responses to the FROG, SROG, and RPD are denied as moot. Defendant and counsel-of-record, jointly and severally, shall pay sanctions in the amount of $1,500 within thirty (30) days. Defendant shall provide notice and file proof of such with the Court.

DATED: September 9, 2019 ___________________________

Stephen I. Goorvitch

Judge of the Superior Court