Case Number: 16K10586 Hearing Date: June 11, 2018 Dept: 94

Defendant Chad P. Morgan’s Motions to Compel Plaintiff’s Bayron Morales’s Responses to Request for Production of Documents, Form Interrogatories, and Special Interrogatories; and to Request for Sanctions are GRANTED. Plaintiff Bayron Morales is ordered to serve verified responses, without objections, to Defendant’s Request for Production of Documents, Form Interrogatories, and Special Interrogatories within twenty (20) days of the date of Defendant serving a notice of this Order. the Court awards Defendant $960 in monetary sanctions against Morales and his counsel, Christian R. Castro, jointly and severally. Sanctions are to be paid within thirty (30) days from the date of Defendant serving a notice of this Order.

On August 23, 2016, Plaintiffs Ricardo Pacheco and Bayron Morales (“Morales”) filed this action against Defendant Chad P. Morgan (“Defendant”). On May 8, 2018, Defendant filed Motions to Compel Plaintiff’s Bayron Morales’s Responses to Request for Production of Documents, Form Interrogatories, and Special Interrogatories; and to Request for Sanctions (collectively, the “Motions”).

Discussion

On October 3, 2017, Defendant served Morales with Request for Production of Documents, Form Interrogatories, and Special Interrogatories. (See Kallberg Decl. ¶ 3, Exhs. As.) Morales has failed to serve any discovery responses to Defendant’s discovery requests. (Id. ¶¶ 4, 6, 8, 11.)

Because Morales has failed to respond to Defendant’s discovery requests, the unopposed Motions are GRANTED. Pursuant to CCP §§ 2030.290 and 2031.300, Morales is ordered to serve verified responses, without objections, to Defendant’s Request for Production of Documents, Form Interrogatories, and Special Interrogatories within twenty (20) days of the date of Defendant serving a notice of this Order.

Defendant requests monetary sanctions in the amount of $1,230 against Morales and his counsel, Christian R. Castro (“Castro”). Defendant requests an hourly rate of $195 for three (3) hours to prepare each of the Motions and three (3) hours to prepare a reply and attend the hearing for each of the Motions, plus $60 in filing fee for each of the Motions. (Id. ¶ 14.)

Because the Motions have been granted, monetary sanctions are mandatory under CCP §§ 2030.290(c) and 2031.300(c). Given the simplicity of the Motions, the Court finds that one (1) hour to prepare each of the Motions and one (1) hour to appear for the hearing of all the Motions, at a reasonable rate of $195 per hour, plus $180 in filing fees for the Motions to be sufficient. Therefore, the Court awards Defendant $960 in monetary sanctions against Morales and his counsel Castro, jointly and severally. Sanctions are to be paid within thirty (30) days from the date of Defendant serving a notice of this Order.

Moving party to give notice.