HSBC BANK USA VS AMIR MALEKAN

Case Number: BC614030 Hearing Date: June 01, 2018 Dept: 31

Plaintiff’s Motions to (1) Deem Admitted Requests for Admission, Set Two; (2) Compel Responses Form Interrogatories, Set Three; (3) Compel Responses to Requests for Production, Set Two; (4) Compel Responses to Special Interrogatories, Set One: (5) Compel Responses to Supplemental Interrogatories, Set One; and Request for Monetary Sanctions in the amount of $1,899.00 is GRANTED, in party.

Plaintiff’s Requests for Admission, Set Two, served upon Defendant Amir Malekan are deemed admitted. Defendant Amir Malekan is ordered to serve verified responses, without objection, to Plaintiff’s Form Interrogatories, Set Three, Request for Production, Set Two, Special Interrogatories, Set One, and Supplemental Interrogatories, Set One, within 20 days.

The court imposes sanctions in the amount of $924.00 against Defendant Amir Malekan, consisting of $300.00 in motion fees and $624.00 in attorney’s fees.

As an initial matter, Plaintiff’s exhibits lack tabs in violation of California Rules of Court Rule 3.1110(f). In the future, if plaintiff’s counsel does not follow a rule that is clearly designed to make it easier and more efficient for the court to review and absorb pleadings, the court will not consider the evidence and will impose monetary sanctions.

Plaintiff moves to compel responses to Form Interrogatories, Set Three, Request for Production, Set Two, Special Interrogatories, Set One, and Supplemental Interrogatory, Set One, from Defendant Amir Malekan. Plaintiff also moves to deem Requests for Admission, Set Two, admitted as to Defendant Amir Malekan.

The discovery was properly served via overnight delivery on January 9, 2018. (Debolt Decl. ¶ 4, Ex. A-E.) Defendant did not respond as April 30, 2018. (Id. ¶¶ 6-7.) Therefore, the motion is GRANTED.

Plaintiff’s Requests for Admission, Set Two, are deemed admitted. Defendant Amir Malekan is ordered to serve verified responses, without objection, to Plaintiff’s Form Interrogatories, Set Three, Request for Production, Set Two, Special Interrogatories, Set One, and Supplemental Interrogatory, Set One, within 20 days.

Plaintiff seeks $1,899.00 sanctions consisting of a $300.00 in motion fees, $624.00 (3.2 hours at $195.00 per hour) in attorneys’ fees to prepare the motion, $390.00 (2.0 hours at $195.00 per hour) in attorneys’ fees to respond to the opposition, and $585.00 (3.0 hours at $195.00 per hour) in attorneys’ fees to attend the hearing. (Id. ¶ 9.) No opposition has been filed. In addition, no legal research is necessary for a motion to compel and plaintiff’s counsel failed to follow procedural rules. Finally, given the availability of CourtCall, the fact that the court will post the tentative ruling before the hearing, and it is unlikely that it will be opposed at the hearing, the court will not reimburse counsel for traveling to court for the hearing. The amount of sanctions requested is unreasonable.

The court imposes sanctions in the amount of $924.00 against Defendant Amir Malekan, consisting of $300.00 motion fees and $624.00 in attorney’s fees.

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