Lawzilla Additional Information:
Update: After the tentative ruling below was made by the judge, and the day before the hearing, plaintiff dismissed the City of Los Angeles. On the day of the hearing the city attorneys requested that their motions be taken off calendar. There was no final ruling and no sanctions were ordered.

Case Number: BC670775 Hearing Date: March 22, 2018 Dept: 92

JOSE LUIS MARTINEZ ZARATE,

Plaintiff(s),

vs.

CITY OF WHITTIER, ET AL.,

Defendant(s).

CASE NO: BC670775

[TENTATIVE] ORDER GRANTING DEFENDANT’S UNOPPOSED MOTIONS TO COMPEL

Dept. 92

1:30 p.m.

March 22, 2018

Defendant propounded form interrogatories and RPDs on Plaintiff on 9/08/17. To date, despite an extension of time to respond, Plaintiff has not served responses. Defendant therefore seeks an order compelling Plaintiff to respond, without objections, to the outstanding discovery and to pay sanctions.

Defendant’s motions are granted. Plaintiff is ordered to serve verified responses to form 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). The Court awards one hour to prepare each form discovery motion. No opposition was filed and therefore no reply was necessary. The Court awards the requested three hours to appear at the hearing, but only awards the time once. The Court reduces the hourly billing rate from $450/hour to $300/hour, as an associate attorney could/should have prepared these discovery motions. The Court therefore awards at total of five hours of attorney time at the rate of $300/hour, or $1500.

Sanctions are sought and imposed against Plaintiff and his attorney of record, jointly and severally; they are ordered to pay sanctions to Defendant, by and through counsel of record, in the total amount of $1500, within twenty days.