WILLIAM WOODS vs. STATE OF CALIFORNIA

Case Number: BC650835 Hearing Date: March 14, 2018 Dept: 92

WILLIAM WOODS,

Plaintiff(s),

vs.

STATE OF CALIFORNIA, ET AL.,

Defendant(s).

)

)

)

)

)

)

)

)

)

)

)

)

CASE NO: BC650835

[TENTATIVE] ORDER GRANTING DEFENDANT’S UNOPPOSED MOTION TO COMPEL AND REQUEST FOR MONETARY SANCTIONS AGAINST PLAINTIFF

Dept. 92

1:30 p.m.

March 14, 2018

Defendant propounded Special Interrogatories, Form Interrogatories and two sets of Demands for Documents on Plaintiff on October 13, 2017. (Barnes Decl. ¶¶ 3-4.) To date, despite an attempt to meet and confer and an extension, Plaintiff has not served responses. (Id. ¶ 5-8.) Defendant therefore seeks an order compelling Plaintiff to respond, without objections, to the outstanding discovery and to pay sanctions. Plaintiff failed to oppose this motion.

Defendant’s motion is granted. Plaintiff is ordered to serve verified responses to form interrogatories, special interrogatories, and two sets of Demands for Documents, without objections, within ten days. CCP §§2030.010; 2023.030; 2030.290 and 2031.320.

Sanctions are mandatory. CCP §§2023.010(d), 2030.290(c), 2031.300(c). Defendant seeks sanctions in the amount of $1,550 – three hours to prepare this motion and three hours for an expected reply and appear at the hearing, all at $250/hour. As this motion was unopposed, no reply was necessary. As such, the Court finds it reasonable to award fees for three hours for preparation of the motion and two hours for appearance at the hearing. The Court therefore awards a total of five hours of attorney time at the requested rate of $250/hour, or $1,250.00 in attorneys’ fees. The Court also awards one filing fee of $60. Sanctions are sought and imposed against Plaintiff; he is ordered to pay sanctions to Defendant, by and through his attorney of record, in the total amount of $1,310.00, within twenty days.

Defendant is ordered to provide notice of this ruling.

Print Friendly, PDF & Email
Copy the code below to your web site.
x 

Leave a Reply

Your email address will not be published. Required fields are marked *