Case Number: BC661596 Hearing Date: October 29, 2019 Dept: 48

MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES; REQUEST FOR SANCTIONS

MOVING PARTY: Defendants Heartland Payroll Solutions, Inc. and Zak Einstein

RESPONDING PARTY(S): Plaintiff Netpay Payroll, Inc. and Netpay Insurance Services, Inc.

PROOF OF SERVICE

Correct Address: Yes.
16/21 (CCP § 1005(b)): OK. Served by mail on May 22, 2019.

Motions to compel are MOOT;
CONDITIONED UPON moving parties paying an additional $180 in filing fees, GRANT request for sanctions in the reduced amount of $3,840.00.

ANALYSIS:

Motion to Compel Further Responses to Special Interrogatories

This should have been reserved and filed an four separate motions: (1) Defendant Heartland Payroll Solutions, Inc.’s motion to compel further responses to special interrogatories from Plaintiff Netpay Payroll, Inc.; (2) Defendant Heartland Payroll Solutions, Inc.’s motion to compel further responses special interrogatories from Plaintiff Netpay Insurance Services, Inc..; (3) Defendant Zak Einstein’s motion to compel further responses special interrogatories from Plaintiff Netpay Payroll, Inc.; and (4) Defendant Zak Einstein’s motion to compel further responses special interrogatories from Plaintiff Netpay Insurance Services, Inc.

Combining multiple motions under the guise of one motion with one hearing reservation manipulates the Court Reservation System and unfairly jumps ahead of other litigants. Moreover, combining motions to avoid payment of separate filing fees deprives the Court of filing fees it is otherwise entitled to collect.

Accordingly, this order shall not become effective until moving party Defendants pay an additional $180 in filing fees.

These motions were timely served on May 22, 2019 and filed on May 23, 2019, relative to Plaintiffs’ service of supplemental responses on April 3, 2019 by mail. Vartanian Decl., ¶ 11; Exhs. L – O.

However, Plaintiffs served supplemental responses to special interrogatories on September 20, 2019. See Declaration of Paul Bojic, ¶ 5; Exh. A thereto. Accordingly, these motions to compel are MOOT. If Defendants desire further responses, they must meet and confer as to the supplemental responses and file new motions to compel.

Defendants’ request for sanctions against Plaintiffs and their counsel, Law Offices of Paul D. Bojic, jointly and severally, is GRANTED in the reduced amount of $3,840.00. Sanctions are to be paid to Defendants’ counsel within 10 days.