ANNE M. SPREDLEY vs. WESTERN NATIONAL BUILDERS

Case Number: BC691820 Hearing Date: July 27, 2018 Dept: 3

ANNE M. SPREDLEY,

Plaintiff(s),

vs.

WESTERN NATIONAL BUILDERS, ET AL.,

Defendant(s).

CASE NO: BC691820

[TENTATIVE] ORDER GRANTING DEFENDANT’S UNOPPOSED MOTIONS TO COMPEL AND REQUEST FOR MONETARY SANCTIONS

Dept. 3

1:30 p.m.

July 27, 2018

Defendant County of Los Angeles (“Defendant”) seeks an order compelling Plaintiff Anne M. Spredley (“Plaintiff”) to respond, without objections, to outstanding discovery and to pay sanctions.

Defendant propounded Form Interrogatories (Set One) and a Demand to Produce Certain Documents and Items (Set One) on Plaintiff on March 6, 2018. Thomas Form Interrogatories/Demand Decl. ¶¶ 2-3. On April 6, 2018, Plaintiff’s counsel contacted Defense counsel to request an extension, which was granted to April 24, 2018. Id. ¶ 3. On May 11, 2018, after receiving no responses, Defendant unilaterally granted Plaintiff an extension to respond to May 25, 2018. Id. ¶ 4. Defendant also propounded Special Interrogatories (Set One) on Plaintiff on April 20, 2018, and received no responses. Thomas Special Interrogatories Decl. ¶¶ 2-3.

Plaintiff failed to oppose this motion.

Defendant’s motion is granted. Plaintiff is ordered to serve verified responses to form interrogatories, special interrogatories, and Demand to Produce Certain Documents and Items, without objections, within ten days. CCP §§2030.010; 2030.290 and 2031.300.

Sanctions are mandatory. CCP §§2023.010(d), 2023.030, 2030.290(c), 2031.300(c). Defendant seeks sanctions in the amount of $2,475.00 per motion – 1.5 hours to prepare this motion, 1 hour for an expected reply and 3 hours to appear at the hearing, all at $450/hour. As this motion was unopposed, no reply or review was necessary. The Court also finds that due to the substantial similarity between the motions, Defendant’s request for sanctions is unreasonable. The Court therefore awards a total of $750.00 in total attorneys’ fees and costs across all three motions. Sanctions are sought and imposed against Plaintiff and her attorneys of record, Downtown L.A. Law Group, Daniel Azizi and Marc L. Smith, jointly and severally. They are ordered to pay sanctions to Defendant’s counsel, in the total amount of $750.00, within twenty days.

Defendant is ordered to provide notice of this ruling.

Print Friendly, PDF & Email
Copy the code below to your web site.
x 

Leave a Reply

Your email address will not be published. Required fields are marked *