Case Number: LC098407    Hearing Date: July 25, 2014    Dept: 92

SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT

GEORGE MURAFETIS, ET AL
Plaintiff(s),
vs.

HORACE HEIDT AGENCY COMPANY dba MAGNOLIA ESTATE APARTMENT, ET AL.,

Defendant(s).

CASE NO: LC098407 c/w BC508447

[TENTATIVE] ORDER GRANTING PLAINTIFFS’ UNOPPOSED MOTION TO COMPEL AND MOTION TO DEEM RFAS ADMITTED

Dept. 92
1:30 p.m. — #add on
July 25, 2014

Plaintiff George Murafetis’ Motion to Compel Responses to Form and Special Interrogatories against Defendant Alberto Saavedra and Motion to Deem Request for Admissions Admitted against Defendant Alberto Saavedra is GRANTED.
Plaintiff Narine Murafetis’ Motion to Compel Responses to Form and Special Interrogatories and Request for Production of Documents against Defendant Alberto Saavedra is GRANTED.
Defendant Alberto Saavedra is ordered to serve verified responses to the Form and Special Interrogatories and Request for Production of Documents, without objections, within ten days.
Plaintiffs’ request for sanctions is granted in the amount of $1990 total for all four motions at issue herein. Defendant is ordered to pay sanctions to Plaintiffs, by and through counsel of record, in the amount of $1990, within twenty days.

Initially, the Court notes that Plaintiff George Murafetis filed two of the same motions. A motion to deem RFAs admitted against Defendant Alberto Saavedra was first filed on June 30, 2014 and then again filed on July 2, 2014. In that both these filings request the exact same relief and are carbon copies of each other, the July 2, 2014 motion is deemed superfluous and not considered herein.
Both Plaintiffs propounded special interrogatories, form interrogatories, RFAs, and RPDs on Defendant on 1/8/14. To date, despite an extension of time to respond, Defendant has not served responses. Plaintiffs therefore seeks an order compelling Defendant to respond, without objections, to the outstanding discovery and to pay sanctions.

Plaintiffs’ motions to compel is granted. Defendant is ordered to serve verified responses to form interrogatories, special interrogatories and RPDs, without objections, within ten days. CCP §§2030.290(a),(b), 2031.300(a),(b).

Plaintiffs also moves to deem RFAs admitted. The motion is granted. CCP §2033.280(b).

Sanctions are mandatory. §§2030.290(c), 2031.300(c), 2033.280(c). Plaintiffs seek sanctions in the amount of $1341/motion – 3 2/3 hours to meet and confer and prepare each motion and to appear at the hearing, all at $350/hour, plus filing fees for each motion. The Court finds one hour to prepare each of these form motions to compel is sufficient to compensate Plaintiff. The Court finds only one appearance is necessary for the four motions, and finds a total of 5 hours is reasonable. The Court therefore awards a total of five hours of attorney time at $35/hour, or $1750 in attorneys’ fees. The Court also awards four filing fees of $60 each, or $240 in costs.

Dated this 25th day of July, 2014

Hon. Elia Weinbach
Judge of the Superior Court