Case Number: BC659227 Hearing Date: June 08, 2018 Dept: 3

NATALIE PAYASLYAN,

Plaintiff(s),

vs.

JOSE FELIPE UMANZOR RODRIGUEZ, ET AL.,

Defendant(s).

CASE NO: BC659227

[TENTATIVE] ORDER DEEMING MOTION TO COMPEL FURTHER RESPONSES SUBSTANTIVELY MOOT; IMPOSING SANCTIONS

Dept. 3

10:00 a.m.

June 8, 2018

Plaintiff and Defendant participated in an informal discovery conference on 4/20/18. The parties were unable to resolve their dispute at that time. Subsequent to the IDC, Plaintiff ultimately provided additional responses, and on 5/31/18, Defendant filed a Declaration of Counsel indicating the motions are substantively moot at this time.

Defendant, however, continues to seek imposition of sanctions because Plaintiff’s conduct made the filing of the motions necessary. Absent a showing of good cause and/or substantial justification, sanctions are mandatory per CCP §§2030.290(c) and 2031.300(c). Plaintiff failed to oppose the motions and therefore failed to make such a showing. Defense Counsel requests sanctions in the amounts of $2895 (interrogatories) and $1614 (RPDs). The Court finds five hours of time for the motion to compel with respect to the interrogatories is appropriate and 2.5 hours for the other motion, which is partly duplicative, at the rate of $210 per hour. The Court awards $1575 in total fees plus $120 in costs.

Sanctions are sought and imposed against Plaintiff and her 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 $1695, within twenty days.

Defendant is ordered to give notice.