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Case Number: BC708275 Hearing Date: October 09, 2019 Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT

DAISY REYES,

Plaintiff(s),

vs.

JOHN KIM, et al.,

Defendant(s).

Case No.: BC708275

[TENATATIVE] ORDER DEEMING DISCOVERY MOTIONS MOOT; IMPOSING SANCTIONS

Dept. 3

1:30 p.m.

October 9, 2019

On 6/21/19, Defendant propounded form interrogatories, set two, and RFAs, set one on Plaintiff. On 8/06/19, Defendant sent a meet and confer letter asking for responses within ten days. On 8/16/19, Plaintiff served unverified responses. On 9/06/19, Defendant filed this motion to compel and motion to deem RFAs admitted.

On 9/26/19, Plaintiff timely filed and served his opposition to the motion. Plaintiff explains that she served verifications to the discovery on 9/26/19, such that the motions are substantively moot. Any reply to the opposition was due on or before 10/02/19. To date, the Court has not received a reply to the opposition.

Per the above, the motions are substantively moot. The only remaining issue is whether to impose sanctions, in what amount, and against whom. The Court finds sanctions are warranted in connection with the motion to compel (CCP §2030.290(c)), and are absolutely mandatory in connection with the motion to deem RFAs admitted (§2033.280(c)). The Court finds Defendant acted reasonably in attempting to meet and confer, and Plaintiff failed to offer any justification for the failure to timely respond or the failure to serve verifications with the responses prior to the filing of the motions.

Defendant seeks sanctions in the amount of $760/motion. Defense Counsel bills at the rate of $175/hour. The Court awards one hour to prepare each form discovery motion. The Court awards the requested two hours to appear at the hearing, but only awards the time once. The Court therefore awards a total of four hours of attorney time at the rate of $175/hour, or $700 in attorneys’ fees. The Court also awards to filing fees of $60 each, or $120 in costs.

Plaintiff and her attorney of record, jointly and severally, are ordered to pay sanctions to Defendant, by and through counsel of record, in the total amount of $820, within twenty days.

Defendant is ordered to give notice.