Case Number: BC677467 Hearing Date: June 18, 2018 Dept: 34

SUBJECT: Motions to Compel Further Responses to: (1) Form Interrogatories – General; (2) Form Interrogatories – Employment; and (3) Requests for Production

Moving Party: Plaintiff Kelly DiGregorio

Resp. Party: Defendant Titan U.S. Corporation

The motions are DENIED as MOOT. Defendant is sanctioned in the total amount of $3,000.00.

BACKGROUND:

Plaintiff commenced this action on 09/27/17 against defendants for; (1) gender discrimination in violation of FEHA; (2) gender harassment in violation of FEHA; (3) retaliation for complaining of discrimination and/or harassment; (4) discrimination on the basis of marital status in violation of FEHA; (5) harassment on the basis of marital status; (6) retaliation for complaining of discrimination and/or harassment on the basis of marital status in violation of FEHA; (7) failure to prevent discrimination, harassment, and retaliation in violation of FEHA; (8) breach of express oral contract not to terminate employment without good cause; (9) breach of implied-in-fact contract not to terminate employment without good cause; (10) wrongful termination in violation of public policy; (11) violation of Labor Code § 1102.5; and (12) intentional infliction of emotional distress.

ANALYSIS:

Plaintiff has simultaneously brought three motion to compel defendant Titan U.S. Corporation to produce further verified responses to: (1) Form Interrogatories – General; (2) Form Interrogatories – Employment; and (3) Requests for Production – Set One.

In opposition, defendant argues that the motions should be denied as moot because “[o]n May 16, 2018, Defendant provided its complete and verified supplemental responses to” each of the subject discovery requests. (See Oppositions at p. 1:5-7.) Defendant has also submitted copies of its supplemental verified responses with proofs of service indicating that service was completed on 05/16/18. (See Park Decls. ¶ 3, Exh. 1.) Defendant further explains that “the parties have agreed to engage in mediation on June 15, 2018, for which Defendant provided the documents and information necessary for mediation.” (Oppositions, p. 1:7-9; Park Decls., ¶ 4.)

Plaintiff also seeks orders imposing sanctions in the total amount of $10,800.00 against defendants. Plaintiff’s counsel declares that she spent 16 hours drafting the motion to compel further responses to Form Interrogatories – Employment, 8 hours preparing the motion to compel further responses to the Requests for Production, and 16 hours preparing the motion to compel further responses to Form Interrogatories – General. (See Tumanyan Decls., ¶ 13.) Plaintiff’s counsel anticipates spending an additional 4 hours in reviewing defendant’s opposition and preparing a reply for each motion. (Ibid.) Plaintiff’s counsel bills $300 per hour. (Ibid.)

Plaintiff’s request is both excessive and inconsistent. Plaintiff purportedly seeks $3,600 in sanctions in connection with each motion for a total of $10,800. (See Notice of Motion, p. 2.) However, counsel’s declaration seeks to recover attorney fees for a total of 52 hours at $300.00 per hour — a total of $15,600.

Regardless of the inconsistency, either requested amount is excessive. These were straightforward motions based on plaintiff’s claim that defendant had refused to supplement its discovery responses. Attorney Tumanyan passed the bar 3 years ago; it should not reasonably have taken her more than 3 hours to prepare each motion. Plaintiff may also recover for 1 additional hour so that counsel may attend the hearing.

Accordingly, the motions are DENIED as MOOT. Defendant is sanctioned in the total amount of $3,000.00.