Case Number: BC676494 Hearing Date: June 06, 2018 Dept: 3

LIDVIA P. MINERO,

Plaintiff(s),

vs.

COBLAT CONSTRUCTION CO., ET AL.,

Defendant(s).

CASE NO: BC676494

[TENTATIVE] ORDER CONDITIONALLY GRANTING PLAINTIFF’S UNOPPOSED MOTIONS TO COMPEL

Dept. 3

1:30 p.m.

June 6, 2018

Plaintiff propounded form interrogatories (general), set three, form interrogatories (construction), set four, and RPDs, set two on Defendant, Essey Construction Company, Inc. on 1/03/18. To date, despite two extensions of time to respond, Defendant has not served responses. Plaintiff therefore seeks an order compelling Defendant to respond, without objections, to the outstanding discovery and to pay sanctions.

As an initial note, only one filing fee was paid for the motion to compel, which actually consists of three motions. Plaintiff is ordered to pay two additional fees and bring proof of payment to court on the day of hearing. If the additional fees are not paid, this motion will be continued so that payment may be made.

Assuming fees are paid, the Court rules as follows:

Plaintiff’s motions are granted. Defendant is ordered to serve verified responses to form interrogatories (general), set three, form interrogatories (construction), set four, and RPDs, set two, without objections, within ten days. CCP §§2030.290(a),(b), 2031.300(a),(b).

Sanctions are mandatory. §§2030.290(c), 2031.300(c). Plaintiff seeks sanctions in the amount of $2646. Plaintiff’s attorney bills at the rate of $500/hour. The Court finds 1.5 hours is appropriate for the motions. No opposition was filed and therefore no reply was necessary. Counsel seeks to recover a Courtcall fee, and therefore the Court awards ½ hour to appear via Courtcall. The Court awards a total of 2 hours of attorney time at the reduced rate of $350/hour, or $700 in attorneys’ fees. The Court also awards three filing fees of $60 each and one Courtcall fee of $86, for a total of $246 in costs.

Sanctions are sought against and awarded against Defendant and its attorney of record, jointly and severally; they are ordered to pay sanctions to Plaintiff, by and through her attorney of record, in the total amount of $946, within twenty days.

Plaintiff is ordered to give notice.