Case Number: BC515900    Hearing Date: October 06, 2014    Dept: 93

Superior Court of California
County of Los Angeles
Department 93

MARIA GUIDO, et al.,

Plaintiff(s),
v.

NUMERO UNO ACQUISITIONS, LLC’S, et al.,
Defendant(s).

Case No.: BC515900
Hearing Date: October 6, 2014

[TENTATIVE] RULING RE:
DEFENDANT NUMERO UNO ACQUISITIONS, LLC’S (1) MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES; REQUEST FOR SANCTIONS; (2) MOTION TO COMPEL RESPONSES TO SPECIAL INTERROGATORIES; REQUEST FOR SANCTIONS; AND (3) MOTION TO COMPEL RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE; REQUEST FOR SANCTIONS

Defendant Numero Uno Acquisitions, LLC’s Motions to Compel Responses to Interrogatories and Request for Production of Documents; Request for Sanctions are GRANTED. Plaintiff is ordered to serve responses without objection within 10 days of service of notice of this order. Plaintiff and her counsel are further ordered to pay Defendant sanctions of $711.00 within 10 days of service of notice of this order.

Discussion

Defendant served the subject interrogatories and request for production of documents on Plaintiff on April 11, 2014 by mail. (Motion, Furness Decl. (“Furness Decl.”) ¶2 and Exh. A.) Responses were due within 30 days, plus five days for service by mail. (CCP §§, 2030.260(a), 2031.260(a) and 1013(a).) On May 23, 2014, defense counsel wrote to Plaintiff’s counsel regarding the overdue responses and requesting responses without objection by June 1, 2014. (Furness Decl. ¶4 and Exh. B.) After receiving no response to this letter, defense counsel sent another letter on June 5, 2014 requesting responses without objection by June 15, 2015. (Furness Decl. ¶5 and Exh. C.) As of the filing date of the instant motions, no responses had been served. (Furness Decl. ¶6.) Accordingly, Defendant is entitled to an order compelling responses to the discovery without objection. (CCP §§, 2030.290 and 2031.300.)

Defendant is also entitled to an award of sanctions based on Plaintiff’s failure to timely respond to the above discovery. (CCP §§ 2023.030(a) and 2023.010(d).) However, the sanctions sought are excessive given the simplicity of these unopposed motions. Therefore, an award of $711.00 is appropriate (three hours of attorney time billed at $177.00, plus $180.00 in filing fees). (Furness Decl. ¶7.) If an appearance is necessary, the court will consider awarding additional sanctions.

Moving party is ordered to give notice.

DATED: October 6, 2014
_________________________
Hon. Gail Ruderman Feuer
Judge of the Superior Court