Case Number: 18STCV06991 Hearing Date: October 23, 2019 Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT

WILSTON JORDAIN JOHNSON, ET AL.,

Plaintiff(s),

vs.

FAIR SERVICING, LLC, ET AL.,

Defendant(s).

Case No.: 18STCV06991

[TENTATIVE] ORDER

· GRANTING MOTIONS TO COMPEL DEPOSITIONS

· GRANTING MOTIONS TO COMPEL RESPONSES TO DISCOVERY

· IMPOSING SANCTIONS

Dept. 3

1:30 p.m.

October 23, 2019

1. Depositions

Defendant, Thomas Coury noticed Plaintiffs’ depositions for 8/14/19. Plaintiffs failed to appear. Defendant sent three meet and confer letters, but received no response. At this time, Defendant seeks an order compelling Plaintiffs to attend their depositions and produce documents thereat.

The motions to compel are granted. CCP §2025.450(a). Defense Counsel may set the deposition on Defense Counsel’s terms with ten days’ notice to Plaintiffs (extended per Code if service is by other than personal service). Plaintiffs are ordered to produce all documents detailed in the attendant demands for production when they appear for deposition. The moving papers adequately show good cause for production of the documents sought, as required by §2025.450(b)(1).

2. Responses to Discovery

Defendant propounded form interrogatories, special interrogatories, and RPDs on Plaintiffs on 5/16/19. To date, despite multiple attempts to meet and confer, Plaintiffs have not served responses. Defendant therefore seeks an order compelling Plaintiffs to respond, without objections, to the outstanding discovery and to pay sanctions.

Defendant’s motions are granted. Plaintiffs are 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).

3. Sanctions

Defendant seeks sanctions against Plaintiffs in the total amount of $6500 ($812.50/motion). Sanctions are mandatory. §§2025.450(c), 2030.290(c), 2031.300(c). The Court awards one hour of attorney time per motion to draft these form motions to compel. No opposition was filed and therefore not reply was necessary. The Court awards three hours of time to appear. The Court awards a total of eleven attorney hours of attorney time. The Court reduces the billing rate from $325/hour to $200/hour, which is more reasonable for drafting form motions to compel in the personal injury courts. The Court therefore awards a total of $2200. Defendant does not seek to recover costs.

Sanctions are sought and imposed against Plaintiffs and their attorney of record, jointly and severally; they are ordered to pay sanctions to Defendant, by and through counsel of record, in the amount of $2200, within twenty days.

Defendant is ordered to give notice.