Case Number: 18STCV08640 Hearing Date: February 21, 2020 Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT

BARRY S. LYONS, et al.,

Plaintiffs,

vs.

COUNTY OF LOS ANGELES, et al.,

Defendants.

Case No.: 18STCV08640

[TENTATIVE] ORDER GRANTING MOTION TO COMPEL; IMPOSING SANCTIONS

Dept. 31

1:30 p.m.

February 24, 2020

On September 9, 2019, Defendant, Country of Los Angeles, served upon Plaintiffs Request for Production of Documents, Set One, Special Interrogatories, Set One, and Form Interrogatories, Set one. Plaintiffs’ responses were due on January 13, 202 after Defendant granted multiple extensions to Plaintiffs’ counsel. To date, Plaintiffs has failed to provide responses. Defendant therefore seeks orders compelling Plaintiff to provide discovery responses without objections to the outstanding discovery requests. Defendant also seeks orders for Plaintiffs to pay sanctions.

Defendant’s motions are granted. Plaintiffs are ordered to serve responses to form interrogatories, special interrogatories, and demand to produce, inspect and copy documents and other tangible things, without objections, within ten days. (Code Civ. Proc., §§ 2030.290(b), 2031.300(b); Sinaiko Healthcare Consulting, Inc., supra, 148 Cal.App.4th at 404.)

Defendant seeks sanctions against Plaintiffs and Plaintiffs’ counsel in the total amount of $3,465. Sanctions are mandatory unless the party failing to timely respond to the discovery requests acted with substantial justification or the sanction would otherwise be unjust. (Code Civ. Proc., §§ 2030.290(c), 2031.300(c).) Although Defendant is entitled to sanctions, the Court finds Defendant’s request for sanctions to be excessive, given the motions are unopposed and virtually identical. Therefore, the Court awards sanctions in a total amount of $1,005 (3 hours for preparing the motions and 2 hour for appearance time at $165 per hour, plus $180 in filing fees). Plaintiffs and Plaintiffs’ attorney of record are ordered to pay sanctions, jointly and severally, to Defendant, by and through its counsel of record, in the total amount of $1,005, within twenty days.

Moving Party is ordered to give notice.