Case Number: BC583731 Hearing Date: May 09, 2016 Dept: 92

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

WILLIAM DIAZ,
Plaintiff(s),
vs.

GUADALUPE GUTIERREZ, et al.,
Defendant(s).

Case No.: BC583731

[TENTATIVE] ORDER GRANTING MOTION TO COMPEL

Dept. 92
1:30 p.m. — #51
May 9, 2016

Defendant propounded RPDs, set two on Plaintiff on 1/12/16. The parties agreed to an extension of time to respond, but Plaintiff ultimately served unverified responses. Defendant attempted to meet and confer, but Plaintiff did not respond. At this time, Defendant moves to compel verified responses to RPDs, set two, without objections.

The motion to compel is granted. Unverified responses are tantamount to no responses at all. Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 636. Plaintiff is ordered to serve verified responses, without objections, within ten days. CCP §2031.300(b).

Sanctions are mandatory. §2031.300(c). Defendant seeks sanctions in the amount of $1485 – three hours to draft the motion, .5 hours meeting and conferring, three hours to review the opposition and prepare a reply, and three hours to attend the hearing, all at $150/hour, plus a $60 filing fee. The Court awards two hours of attorney time to prepare the motion, .5 hours to meet and confer, no time for a reply (no opposition was filed), and two hours to appear at the hearing (Counsel is located in Glendale, which is very close to the courthouse). The Court therefore awards a total of 4.5 hours of attorney time at $150/hour, or $600 in attorneys’ fees, plus $60 in costs. Sanctions are sought and imposed jointly and severally against Plaintiff and his attorney of record, and must be paid within twenty days.

Dated this 9th day of May, 2016

Hon. Michelle Williams Court
Judge of the Superior Court