VIVENCIO FERRER VS CYNTHIA HERRERA BALTAZAR

Case Number: BC512178    Hearing Date: August 19, 2014    Dept: 92

SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT

VIVENCIO FERRER,
Plaintiff(s),
vs.

CYNTHIA HERRERA BALTAZAR, ET AL.,

Defendant(s).

CASE NO: BC512178

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

Dept. 92
1:30 p.m. — #40
August 19, 2014

Defendant, Cynthia Baltzara’s Motions to Compel are Granted. Plaintiff is ordered to serve verified responses to the outstanding discovery, without objections, within ten days. Defendant’s request for sanctions is granted in the amount of $820. Plaintiff and his attorney of record, jointly and severally, are ordered to pay sanctions to Defendant, by and through counsel of record, in the amount of $820, within twenty days.

Defendant propounded form interrogatories and RPDs on Plaintiff on 4/21/14. To date, despite multiple meet and confer attempts, 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 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 $760.00/motion – two hours to prepare each motion and two hours to appear at the hearing, all at $175/hour, plus two filing fees. The Court finds one hour to prepare each of these form motions to compel is sufficient to compensate Defendant. The Court finds only one appearance was necessary for both motions, and awards the requested two hours of appearance time because Counsel is in West Covina. The Court also awards two filing fees of $60 each, or $120 in costs.

Dated this 19th day of August, 2014

Hon. Elia Weinbach
Judge of the Superior Court

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