Lawzilla Additional Information:
Per the Los Angeles court records plaintiff is represented by attorney Christopher Weston. The following tentative ruling was posted by the court. From the court’s online records we believe the judge ordered this to be the court’s final ruling. However, the court’s file indicates a day before the hearing the defendant took the motion off calendar. Lawzilla believes the tentative ruling below is instructive about what the judge intended to order, but there was no final order since the motion was withdrawn.
Case Number: 17STLC04477 Hearing Date: May 17, 2018 Dept: 94
Defendant Shaun Coyle’s Motions to Compel Responses to Form Interrogatories and Requests for Production of Documents; and to Request for Sanctions are GRANTED.
Plaintiff is ordered to serve verified responses, without objections, to Plaintiff’s Form Interrogatories and Requests for Production of Documents within twenty (20) days of the date of serving a notice of this Order by Defendant. The Court awards Defendant $720 in monetary sanctions against Plaintiff and his counsel Christopher G. Weston, jointly and severally. Sanctions are to be paid within thirty (30) days from the date of serving a notice of this Order by Defendant.
On November 15, 2017, Plaintiff Hyun Park (“Plaintiff”) filed this action against Defendant Shaun Coyle (“Defendant”).
On March 22, 2018, Defendant filed Motions to Compel Responses to Form Interrogatories and Requests for Production of Documents; and to Request for Sanctions (collectively, the “Motions”).
Discussion
On January 15, 2018, Defendant served Form Interrogatories and Requests for Production of Documents on Plaintiff. (Yee Decls. ¶ 2, Exhs. As.) To date, Plaintiff has not responded to any of Defendant’s discovery requests. (Id. ¶ 5.)
Because Plaintiff has failed to serve any responses to Defendant’s discovery requests, the unopposed Motions are GRANTED. Pursuant to CCP §§ 2030.290 and 2031.300, Plaintiff is ordered to serve verified responses, without objections, to Defendant’s Form Interrogatories and Requests for Production of Documents within twenty (20) days of the date of serving a notice of this Order by Defendant.
Defendant requests monetary sanctions in the amount of $860 for each of the Motions against Plaintiff and his counsel, Christopher G. Weston (“Weston”). (Id. ¶ 6.) Defendant requests an hourly rate of $200 for two (2) hours to draft a letter and each of the Motions, anticipated one (1) hour to review the opposition and prepare a reply, and one (1) hour to appear for hearing of each of the Motions, along with $60 in filing fee for each of the Motions. (Id.)
Because the Motions have been granted, monetary sanctions are mandatory under CCP §§ 2030.290(c) and 2031.300(c). Given the simplicity of the Motions and lack of opposition, the Court finds that one (1) hour to prepare each of the Motions and one (1) hour to appear at the hearing of both Motions, at a reasonable rate of $200 per hour, along with $120 in filing fees, to be sufficient to compensate Defendant. Therefore, the Court awards Defendant $720 in monetary sanctions against Plaintiff and his counsel Weston, jointly and severally. Sanctions are to be paid within thirty (30) days from the date of serving a notice of this Order by Defendant.
Moving party to give notice.