Case Number: 18STLC14226 Hearing Date: November 18, 2019 Dept: 94

Crosby v. Innovate Pasadena, et al.

MOTION TO COMPEL RESPONSES TO INTERROGATORIES

AND REQUEST FOR SANCTIONS

(CCP § 2030.290)

TENTATIVE RULING:

Plaintiff Gerald Crosby’s Motion Compelling Defendant DB Coworking Holdings Corp. To Respond To Special Interrogatories, Set One, is PLACED OFF CALENDAR AS MOOT. Plaintiff’s request for sanctions is GRANTED JOINTLY AND SEVERALLY AGAINST DEFENDANT DB COWORKING HOLDINGS CORP. AND ITS COUNSEL OF RECORD IN THE AMOUNT OF $536.65. SANCTIONS TO BE PAID WITHIN 30 DAYS OF SERVICE OF NOTICE OF THIS ORDER.

ANALYSIS:

Only August 1, 2019, Plaintiff Gerald Crosby (“Plaintiff”) filed the instant Motion To Compel Responses To Special Interrogatories by Defendant DB Coworking Holdings Corp. (“Defendant DB Coworking”). Defendant DB Coworking filed its opposition on September 26, 2019.

Defendant DB Coworking having submitted evidence that it served verified responses, without objections, to the Special Interrogatories, the Motion to Compel Responses is placed off calendar as moot. (Opp., Osher Decl., ¶6 and Exh. 2.) However, Defendant DB Coworking’s failure to timely respond constitutes a misuse of the discovery process. (Code Civ. Proc., § 2023.010, subd. (d).) Sanctions are appropriate under Code of Civil Procedure sections 2023.010 and 2023.030, and have been properly noticed. However, the amount sought is excessive given the simplicity of this motion. The request for sanctions is granted jointly and severally against Defendant DB Working and its counsel of record in the amount of $536.65 based on one hour of attorney time billed at $475.00 and the $61.65 filing fee. (Motion, Mehrban Decl., ¶¶6-7.)

Plaintiff Gerald Crosby’s Motion Compelling Defendant DB Coworking Holdings Corp. To Respond To Special Interrogatories, Set One, is PLACED OFF CALENDAR AS MOOT. Plaintiff’s request for sanctions is GRANTED JOINTLY AND SEVERALLY AGAINST DEFENDANT DB COWORKING HOLDINGS CORP. AND ITS COUNSEL OF RECORD IN THE AMOUNT OF $536.65. SANCTIONS TO BE PAID WITHIN 30 DAYS OF SERVICE OF NOTICE OF THIS ORDER.

Moving party to give notice.