Case Number: BC673804 Hearing Date: October 04, 2019 Dept: 4B

[TENTATIVE] ORDER RE: PLAINTIFF’S MOTIONS TO COMPEL DISCOVERY RESPONSES AND REQUEST FOR MONETARY SANCTIONS

On August 25, 2017, Plaintiff Walter Villeda (“Plaintiff”) filed his complaint against defendants Nicholas Ryan Davis and Lillian Sedlakdavis (collectively, “Defendants”) for injuries arising from a September 9, 2016 automobile accident. On May 14, 2019, Plaintiff served Supplemental Request for Production of Documents and Supplemental Interrogatories on Mr. Davis, and Supplemental Request for Production of Documents and Supplemental Interrogatories on Ms. Sedlakdavis. Responses were originally due June 18, 2019, but Plaintiff granted a ten-day extension. After no responses were received, Plaintiff’s counsel filed four motions to compel responses from Defendants and requested monetary sanctions.

On September 23, 2019, Defendants filed opposition briefs in which their attorney declared that verified discovery responses were served without objections. Therefore, Plaintiff’s motions are MOOT.

Sanctions shall be imposed against the party who unsuccessfully makes or opposes a motion to compel, unless the party acted with substantial justification or the sanction would otherwise be unjust. (Code Civ. Proc., § 2030.290, subd. (c), 2031.300, subd. (c).) Plaintiff’s request for monetary sanctions is GRANTED and imposed against Mr. Davis and counsel of record, jointly and severally, in the reduced amount of $720.00 for two hours at Plaintiff’s counsel’s hourly rate of $300.00 and $120.00 in filing fees, to be paid within twenty (20) days of the date of this Order. Sanctions are also imposed against Ms. Sedlakdavis and counsel of record, jointly and severally, in the reduced amount of $720.00 for two hours at Plaintiff’s counsel’s hourly rate of $300.00 and $120.00 in filing fees, to be paid within twenty (20) days of the date of this Order.

Moving party to give notice.