Case Number: BC532957    Hearing Date: October 20, 2014    Dept: 32
CASE NAME: Ali Saleh v. Richard Uballez, et al.
CASE NO.: BC532957
HEARING DATE: 10/20/14
DEPARTMENT: 32
SUBJECT: (1) Motion to Compel Responses to Special Interrogatories and Form Interrogatories (General) Propounded on Defendant Richard Uballez
(2) Motion to Compel Responses to Demand for Production of Documents (Set On) Propounded on Defendant Richard Uballez
MOVING PARTY: Plaintiff Ali Saleh
RESP. PARTY: None

TENTATIVE RULING

Motion to Compel Responses to Special Interrogatories and Form Interrogatories (General) Propounded on Defendant Richard Uballez GRANTED. Request for monetary sanctions GRANTED against Defendant Uballez in the reduced amount of $810.

Motion to Compel Responses to Demand for Production of Documents (Set On) Propounded on Defendant Richard Uballez GRANTED. Request for monetary sanctions GRANTED against Defendant Uballez in the reduced amount of $810.

ANALYSIS

When timely responses to interrogatories are not received, “[t]he party propounding the interrogatories may move for an order compelling response to the interrogatories.” (CCP § 2030.290(b).)

If a party fails to timely respond to a request for production and inspection of documents, “the party making the demand may move for an order compelling response to the inspection demand.” (CCP § 2031.300(b).)

Plaintiff submits evidence that he served the special interrogatories, form interrogatories, and requests for production on Defendant on April 29, 2014. He submits evidence that he granted Defendant an extension to respond and also met and conferred with Defendant about his failure to respond. Plaintiff’s counsel indicates that no responses have been received for the subject discovery. (Fakhreddine Decl. ¶¶ 3-6.) Accordingly, the motions are GRANTED.

Plaintiff requests monetary sanctions against Defendant in the amounts of $1,185 related to the RFPs and $4,685 related to the FIs and SIs. Plaintiff’s requests for monetary sanctions are excessive in light of the nature and scope of the motions. The Court reduces those amounts and awards Plaintiff total monetary sanctions against Defendant Uballez, per motion, of $810 (3 hrs per motion x $250/hour + $60 filing fee per motion.)