Case Number: BC703639 Hearing Date: March 21, 2019 Dept: 3
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT
JACK HAGOP TAMAMIAN,
Plaintiff(s),
vs.
MAREK SOTO DELGADO, ET AL.,
Defendant(s).
CASE NO: BC703639
[TENTATIVE] ORDER GRANTING DEFENDANTS’ UNOPPOSED MOTIONS TO COMPEL AND MOTION TO DEEM RFAS ADMITTED
Dept. 3
1:30 p.m.
March 21, 2019
Defendants propounded special interrogatories, form interrogatories, RFAs, and RPDs, on Plaintiff on 8/20/18. To date, despite a meet and confer effort, Plaintiff has not served responses. Defendants therefore seek an order compelling Plaintiff to respond, without objections, to the outstanding interrogatories and RPDs, deeming the RFAs admitted, and imposing sanctions.
As an initial note, Defendants filed all four of their motions on 2/25/19. For reasons that are not clear, Defendants filed a second copy of their motion to compel responses to RPDs on 3/15/19. The 3/15/19 motion appears to be verbatim the same as the 2/25/19 motion, and is even signed on 2/25/19. It is not clear why this additional copy of the motion was filed. The Court has not considered the additional copy of the motion, as it was not timely filed per the 3/21/19 hearing date.
Defendants’ 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).
Defendant’s motion to deem RFAs admitted is also granted. CCP §2033.280(b).
Sanctions are mandatory. §§2030.290(c), 2031.300(c), 2033.280(c). Defendants seek sanctions in the amount of $540/motion. The caption of the motion to deem RFAs admitted indicates Defendants seek sanctions in the amount of $1020, but the notice of motion and declaration both indicate sanctions are sought in the amount of $540. The Court awards the requested one hour to prepare each motion. No opposition was filed and therefore no reply was necessary. The Court awards the requested three hours of time to appear. The Court therefore awards a total of seven hours of attorney time at the requested rate of $160/hour, or $1120 in attorneys’ fees. The Court also awards four filing fees of $60 each, or $240 in costs.
Sanctions are sought and imposed against Plaintiff and his attorney of record, jointly and severally; they are ordered to pay sanctions to Defendants, by and through their attorney of record, in the total amount of $1360, within twenty days.
Defendants are ordered to give notice.