Case Number: BC522799    Hearing Date: July 10, 2014    Dept: 92

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

COLIN LIEBICH,
Plaintiff(s),
vs.

JANIS MCDONALD, ET AL.,

Defendant(s).

CASE NO: BC522799

[TENTATIVE] ORDER GRANTING PLAINTIFF’S UNOPPOSED MOTIONS TO COMPEL; GRANTING UNOPPOSED MOTION TO DEEM RFAS ADMITTED

Dept. 92
1:30 p.m. — #15
July 10, 2014

Plaintiff, Colin Leibich’s Motions to Compel are Granted. Defendant, Janis McDonald is ordered to serve verified responses to the outstanding discovery, without objections, within ten days.

Plaintiff’s Motion to Deem RFAs Admitted is Granted.

Plaintiff’s request for sanctions is granted in the reduced amount of $2500. Defendant and his attorney of record, jointly and severally, are ordered to pay sanctions to Plaintiff, by and through counsel of record, in the amount of $2500, within twenty days.

Plaintiff propounded form interrogatories and RPDs on Defendant on 11/19/13. To date, despite multiple extensions of time to respond, Defendant has not served responses. Plaintiff therefore seeks an order compelling Defendant to respond, without objections, to the outstanding discovery and to pay sanctions. Plaintiff’s motions are granted. Defendant 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).

Plaintiff also propounded RFAs on Defendant on 11/19/13. Defendant has not responded to the RFAs. Plaintiff moves to deem the RFAs admitted. The motion is granted. CCP §2033.280(b).

Sanctions are mandatory. §§2030.290(c), 2031.300(c), 2033.280(c). Plaintiff seeks sanctions in the amount of $1000/motion. Counsel bills at $500/hour. Counsel seeks to recover one hour and twenty minutes preparing each motion, twenty minutes preparing a reply, and one hour appearing at the hearing. No opposition was filed, so no reply was necessary. There is only one hearing on all three motions. The Court therefore awards a total of five hours at $500/hour, or $2500 in attorneys’ fees. Plaintiff does not seek to recover costs. The sanctions award is made jointly and severally against Defendant and his attorney of record.

Dated this 10th day of July, 2014

Hon. Elia Weinbach
Judge of the Superior Court