Case Number: BC682785 Hearing Date: June 15, 2018 Dept: 3
TYLER WESTBROOK,
Plaintiff(s),
vs.
CHRISTINE A. KOHLER-EKSTRAND, M.D., ET AL.,
Defendant(s).
CASE NO: BC682785
[TENTATIVE] ORDER GRANTING DEFENDANTS’ UNOPPOSED MOTIONS TO COMPEL
Dept. 3
1:30 p.m.
June 15, 2018
Defendant propounded form interrogatories, special interrogatories, and RPDs on Plaintiff on 12/14/17. To date, despite multiple attempts to meet and confer and extensions of time to respond, Plaintiff has not served responses. Defendant therefore seeks an order compelling Plaintiff to respond, without objections, to the outstanding discovery and to pay sanctions.
Defendant’s motions are granted. Plaintiff is ordered to serve verified responses to form interrogatories, special interrogatories, and RPDs, 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 $720/motion – two hours to prepare each motion and one hour to appear at the hearing, all at $220/hour, plus filing fees. The Court finds one hour per motion is reasonable to prepare these 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 $220/hour, or $660 in attorneys’ fees. The Court also awards two filing fees of $60 each, or a total of $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 her attorney of record, in the total amount of $780, within twenty days.
Defendant is ordered to give notice.