Case Number: BC712586 Hearing Date: March 19, 2019 Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT

DIONNE WALKER, ET AL.,

Plaintiff(s),

vs.

EDWARD WHEELER, ET AL.,

Defendant(s).

CASE NO: BC712586

[TENTATIVE] ORDER GRANTING MOTION TO COMPEL

Dept. 3

1:30 p.m.

March 19, 2019

Defendant, Edward Wheeler propounded form interrogatories, special interrogatories, and RPDs on Plaintiffs on 11/08/18. On 2/08/19, after receiving no response to a meet and confer letter, Defendant filed these twelve motions to compel (each motion relates to one of the three discovery devices and one of the four named plaintiffs in the action).

On 3/07/19, Plaintiffs timely filed opposition to the motions. Plaintiffs concede they failed to timely respond, and indicate the error was the result of Plaintiffs’ attorney’s failure to calendar the response due date. The opposition is silent concerning Plaintiffs’ attorney’s receipt of the meet and confer letter.

The opposition asks the Court to deny the motion as moot because Plaintiffs have served responses. The filing of responses does not prevent the Court from granting the motion. See Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 404-06.

Sanctions are mandatory unless Plaintiffs show good cause or substantial justification to refuse sanctions. Plaintiffs’ attorney concedes the failure to respond was the result of a calendaring error. Additionally, as noted above, he fails to explain why he did not respond to Defendant’s meet and confer letter. Imposition of sanctions is therefore appropriate.

Defendant seeks sanctions in the amount of $1330/motion against Plaintiffs and their attorney of record. Defense Counsel bills at the rate of $250/hour. These twelve motions are essentially carbon copies of one another. The Court awards a total of six hours to prepare the twelve motions. Defendant did not file a reply. 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 eight hours of attorney time at $250/hour, or $2000 in attorneys’ fees. The Court also awards twelve filing fees of $60 each and one parking fee of $20 for a total of $740 in costs.

Sanctions are sought against Plaintiffs and their attorney of record. Plaintiffs’ attorney concedes the failure to respond was solely the result of a calendaring error at his office, and therefore the Court finds Counsel only should be sanctioned, not Plaintiffs personally. Plaintiffs’ attorney is ordered to pay sanctions to Defendant, by and through his attorney of record, in the total amount of $2740, within twenty days.

Defendant is ordered to give notice.