WILLIAM WILROY VS AQUA FLO SUPPLY INC

Case Number: BC506918    Hearing Date: August 04, 2014    Dept: 92

SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT

WILLIAM WILROY, ET AL.,
Plaintiff(s),
vs.

AQUA FLO SUPPLY, INC., ET AL.,

Defendant(s).

CASE NO: BC506918

[TENTATIVE] ORDER GRANTING DEFENDANT’S UNOPPOSED MOTIONS TO COMPEL

Dept. 92
1:30 p.m. — #25
August 4, 2014

Defendant, Aqua Supply, Inc.’s Motions to Compel are Granted. Plaintiffs are ordered to serve verified responses to the outstanding discovery, without objections, within ten days. Defendant’s request for sanctions is granted in the amount of $828. Plaintiffs, jointly and severally, are ordered to pay sanctions to Defendant, by and through counsel of record, in the amount of $828, within twenty days.

Defendant propounded special interrogatories, form interrogatories, and RPDs on Plaintiffs on 9/24/13. To date, despite a meet and confer effort, 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).

Sanctions are mandatory. §§2030.290(c), 2031.300(c). Defendant seeks sanctions in the amount of $591/motion – one hour to prepare each motion and two hours to appear at the hearing, all at $177/hour, plus two filing fees. The Court finds one hour to prepare each of these motions to compel is reasonable. The Court finds only one appearance was necessary for the two motions, and therefore awards the two hours of appearance time only once. The Court therefore awards a total of four hours of attorney time at $177/hour, or $708 in attorneys’ fees. The Court also awards two filing fees of $60 each, or $120 in costs.

The Court notes that Plaintiffs are represented by Counsel, but the sanctions award is sought solely against Plaintiffs. The award is therefore enforceable against Plaintiffs, jointly and severally, but not against Counsel of record.

Dated this 4th day of August, 2014

Hon. Elia Weinbach
Judge of the Superior Court

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