Case Name: Club Sportiva, Inc. v. Jenkins
Case No.: 2015-1-CV281893

Plaintiff’s unopposed motion to compel further discovery responses, and for monetary sanctions, is GRANTED. Defendant’s “Notice of Non-Opposition” filed on March 30, 2017 along with copies of further responses served that same day, does not absolve defendant of his failure to provide timely further responses before plaintiff’s statutory time to file the motion to compel. As defendant’s actions – or inaction – caused plaintiff to file the motion, mandatory monetary sanctions are warranted under each applicable provision of the Code of Civil Procedure.

However, the court does not find that reasonable attorney’s fees incurred as a result of the need to file the motion to compel rise to the amount of monetary sanctions noticed and requested by plaintiff. The court orders a mandatory monetary sanction under the Civil Discovery Act against Defendant, Benjamin Jenkins, in the amount of $2,266. This is based upon eight hours of attorney’s fees at $275 per hour, plus the filing fee of $60. This sanction shall be paid to plaintiff’s counsel within 30 days.

As the unopposed motion to compel is GRANTED, verified further responses to all discovery requests raised in the motion shall be served within 30 days. The court makes no ruling on the sufficiency of the further responses served on March 30, which have no relevance to the propriety and substance of the motion to compel. Counsel must meaningfully meet and confer in a reasonable and good faith effort to resolve any disputes that may arise concerning the sufficiency of defendant’s further responses, whether these are the responses recently served or whether defendant serves additional further responses in compliance with this order.