Case Number: BC577198 Hearing Date: May 05, 2016 Dept: 92

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT

JAMES KRINGEL,
Plaintiff(s),
vs.

ANTHONY CAMELLO, et al.,
Defendant(s).

Case No.: BC577198

[TENTATIVE] ORDER
• GRANTING MOTION TO COMPEL DEPOSITION
• GRANTING MOTIONS TO COMPEL RESPONSES TO DISCOVERY
• DEEMING MOTION TO DEEM RFAS ADMITTED MOOT
• IMPOSING SANCTIONS

Dept. 92
1:30 p.m. — #22
May 5, 2016

Defendant seeks an order (a) compelling responses to RPDs and interrogatories, without objections, (b) compelling Plaintiff to attend his deposition, (c) deeming RFAs admitted, and (d) imposing sanctions.

Plaintiff filed an opposition to the motion to deem RFAs admitted on 4/29/16; the opposition indicates responses were served on 4/28/16. Per CCP §2033.280(c), the Court cannot grant a motion to deem RFAs admitted if responses are served prior to the hearing. The motion to deem RFAs admitted is therefore moot at this time, with the exception of the issue of sanctions, which will be discussed below.

Defendant noticed Plaintiff’s deposition for 2/24/16. Defendant called twice the day before to confirm the deposition, but Plaintiff did not appear. Plaintiff, in response to the motion, indicates he is willing to sit for deposition, and has failed to do so due to health problems on the part of his attorney. The parties, through their attorneys, are ordered to meet and confer within the next five days to agree upon a date, time, and location for the deposition, which must go forward within the next twenty days.

Defendant propounded form interrogatories and RPDs, and Plaintiff failed to timely respond. Plaintiff, in response to the motion, indicates he intends to respond prior to the hearing. The motions will likely be moot, but if responses have not been served, the motions will be granted and Plaintiff will be ordered to serve responses, without objections, within ten days.

The final issue is whether to impose sanctions and in what amount. With respect to the RFAs, sanctions are absolutely mandatory. §2033.280(c). With respect to the other motions, sanctions are mandatory unless the Court finds substantial justification for Plaintiff’s failure to timely respond.

Plaintiff’s attorney explains that he suffered serious health problems over the past six months. He is a solo practitioner. He has attempted to communicate with Defense Counsel concerning the health problems, but admits that he has not at all times engaged in timely communication to avoid these motions.

Under the circumstances, the Court is inclined to award the full amount of sanctions sought in connection with the motion to deem RFAs admitted. The Court awards one hour of attorney time to prepare the motion and .5 hours to appear via courtcall (Counsel seeks to recover 1.5 hours, but this is not reasonable for a courtcall appearance), as well as the $60 filing fee and $86 courtcall fee. The Court therefore awards a total of $361.63 in connection with the motion to deem RFAs admitted. The Court also awards the $60 filing fee incurred in connection with the other three motions, or $180 in additional costs. The Court finds circumstances are such that awarding additional sanctions is not warranted. Sanctions are awarded solely against Plaintiff’s attorney and not against Plaintiff personally, in the total amount of $541.63, to be paid within twenty days.

Dated this 5th day of May, 2016

Hon. Michelle Williams Court
Judge of the Superior Court