Case Number: BC720015 Hearing Date: May 08, 2019 Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT

GERARDO RODRIGUEZ,

Plaintiff(s),

vs.

JACK IN THE BOX, INC.,

Defendant(s).

CASE NO: BC720015

[TENTATIVE] ORDER

1. DENYING MOTION TO BE RELIEVED AS COUNSEL WITHOUT PREJUDICE;

2. GRANTING MOTIONS TO COMPEL;

3. AWARDING SANCTIONS

Dept. 3

1:30 p.m.

May 8, 2019

Motion to be Relieved as Counsel

Plaintiff’s attorney seeks to be relieved as counsel. He declares the attorney-client relationship has completely broken down, such that further representation is no longer in the interests of the clients or the firm.

The motion is denied without prejudice for two reasons. First, Counsel declares he served Plaintiff at a confirmed address, which he confirmed through “Running clients (sic) name through our Trans Union database to confirm address.” The Court is not familiar with a Trans Union database, and is not sure this database is guaranteed to be up to date. If Counsel believes this is sufficient, he must provide more information about this database in a subsequent motion to be relieved.

Second, the Court cannot locate proof of service of the motion, declaration, and proposed order on Plaintiff and all parties who have appeared in the action.

The denial is without prejudice; Counsel is free to re-file the motion and address the deficiencies detailed above.

Motions to Compel

Defendant propounded form interrogatories, special interrogatories, and RPDs on Plaintiff on 11/09/18. To date, despite two extensions of time to respond, Plaintiff has not served responses to the discovery. Defendant therefore filed the instant motions to compel, seeking an order compelling Plaintiff to serve verified responses to the outstanding discovery.

The motions to compel are granted. Plaintiff 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).

Sanctions are mandatory. §§2030.290(c), 2031.300(c). Defendant seeks sanctions in the amount of $802.50/motion. Counsel bills at the rate of $165/hour. The Court awards one hour to prepare each form motion. The Court awards two hours to travel to and appear at the hearing, as Counsel is located in Glendale; this time is only awarded once. The Court therefore awards a total of five hours of attorney time at the rate of $165/hour, or $825 in attorneys’ fees. The Court also awards three filing fee of $60 each, or $180 in costs.

Sanctions are sought against Plaintiff and his attorney of record. Plaintiff’s attorney filed a declaration in opposition to the motions, wherein he indicates he has lost contact with Plaintiff and asks the Court not to impose sanctions against him. He indicates he communicated this loss of contact to Defendant, but fails to provide any details about how and when he did so. The discovery has been outstanding since November of 2018, and extensions were granted until February 1 of this year. Plaintiff’s attorney fails to provide details concerning when the loss of contact occurred or why there has been a continued failure, for approximately six months, to respond to the discovery. The Court therefore finds imposition of sanctions jointly and severally against Plaintiff and his attorney of record is warranted.

Plaintiff and his attorney of record, jointly and severally, are ordered to pay sanctions to Defendant, by and through counsel of record, in the total amount of $1005, within twenty days.

Defendant is ordered to give notice.