MARIA GUADALUPE DUENAS vs. CHAD CASTLER LAWSUIT

Case Number: BC659804 Hearing Date: March 26, 2018 Dept: 92

MARIA GUADALUPE DUENAS,

Plaintiff(s),

vs.

CHAD CASTLER, ET AL.,

Defendant(s).

CASE NO: BC659804

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

Dept. 92

1:30 p.m.

March 26, 2018

Defendant propounded form interrogatories, special interrogatories, and RPDs on Plaintiff on 9/28/17. To date, despite an attempt to meet and confer, 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, special 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). Defendant seeks sanctions in the amounts of $340 (special interrogatories), $360 (RPDs), and $0 (form interrogatories). The request for sanctions is slightly confusing, as the math appears to be wrong. With respect to both the special interrogatories and the RPDs, Counsel declares one hour was spent preparing the motions and two hours were spent appearing at the hearing, all at $120/hour, plus a $60 filing fee. $120 x 3 + $60 = $420. As noted above, no sanctions are sought in connection with the motion to compel responses to form interrogatories.

In any event, the Court awards one hour to prepare each of the discovery motions and two hours total to appear at the hearing, for a total of four hours at the rate of $120/hour, or $480 in attorneys’ fees; the Court also awards two $60 filing fees, or $120 in costs. Sanctions are sought and imposed against Plaintiff, in pro per; she is ordered to pay sanctions to Defendant, by and through his attorney of record, in the total amount of $600, within twenty days.

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