MICHAEL ROSE vs. JOSEPH ALMEIDA

Case Number: BC691540 Hearing Date: June 12, 2019 Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT

MICHAEL ROSE,

Plaintiff(s),

vs.

JOSEPH ALMEIDA, ET AL.,

Defendant(s).

CASE NO: BC691540

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

Dept. 3

1:30 p.m.

October 20, 2016

Defendants Joseph Almeida and Yvette Almeida propounded form interrogatories, set one, and requests for production of documents, set one, on Plaintiff on 1/21/19. 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.

Defendants’ motions are granted. Plaintiff is ordered to serve verified responses to form interrogatories, set one, and requests for production, set one, 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 amount of $975 per motion based on four hours to prepare each motion and one hours to appear at the hearing, all at $195/hour, plus filing fees. The Court awards one hour per motion for preparation of the motions because these are form motions to compel. The Court finds reasonable and awards the requested one hour to appear, but only awards the time once. The Court therefore awards a total of three hours of attorney time at the requested rate of $195/hour, or $585 in attorneys’ fees. The Court also awards two filing fees of $60 each, or $120 in costs. 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 his attorney of record, in the total amount of $705, within twenty days.

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