DIANE YAKIMOWICH VS RITE AID CORPORATION

Case Number: VC062864    Hearing Date: August 01, 2014    Dept: 93

Defendant Thrift Payless, Inc.’s unopposed (1) Motion to Compel Plaintiff Diane Yakimowich to Provide Responses to Form Interrogatories, Set One; and (2) Motion to Compel Plaintiff Diane Yakimowich to Provide Responses to Special Interrogatories; (3) Motion for an Order Deeming All Requests for Admission Admitted, or in the Alternative, an Order Compelling Plaintiff to Provide Responses to Requests for Admission; (4) Motion to Compel Plaintiff Diane Yakimowich to Provide Responses and Documents to Demand for Production of Documents, Set One, and Request for Sanctions are GRANTED. On March 7, 2014, defendant served the discovery requests at issue on plaintiff. To date, plaintiff has failed to provide responses. Accordingly, defendant is ordered to serve verified responses, without objection, to the Form and Special Interrogatories and Document Demands within 10 days of the date of this order. The Requests for Admissions are deemed admitted.
Moving parties’ request for sanctions is excessive. Essentially, plaintiffs seek recompense in the amount of $2,205.00 for three motions that are virtually identical, exceedingly simple, required no original research, and are unopposed. In addition, moving party failed to comply with CRC 3.1110(f) which requires that all declarations and exhibits be tabbed. Pursuant to CCP § 2030.290(c), 2031.300(c), and 2033.280(c), plaintiff and/or plaintiff’s counsel of record are ordered to pay sanctions in the amount of $630.00 (3 hours for preparation of the motions and appearing at hearing (the court recommends an appearance by CourtCall), filing fees) to defendant and/or defendant’s counsel of record within 10 days of the date of this order.
Moving party is ordered to give notice.

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