Case Number: GC050964    Hearing Date: August 01, 2014    Dept: A

Delacey at Green Homeowners v Green Street Venture

MOTION TO COMPEL DISCOVERY RESPONSES
MOTION FOR LEAVE TO AMEND

Calendar: 16
Case No: GC050964
Date: 8/1/14

MP: Plaintiff, Delacey at Green Homeowners Association
RP: Defendant, Cell Crete

RELIEF REQUESTED:
1. Order compelling Defendant to serve responses to Plaintiff’s requests for production; order imposing monetary sanctions of $1,670.
2. Order granting leave to file Second Amended Complaint

DISCUSSION:
This hearing concerns the Plaintiff’s motion to compel responses to its requests for production. The Plaintiff had also set a motion for leave to amend its pleading; however, the Plaintiff filed a notice on July 11, 2014 that it was taking off calendar its motion for leave to file a Second Amended Complaint.

The Plaintiff seeks a discovery order to compel the Defendant, Cell Crete, to serve responses to the Plaintiff’s requests for production. The Plaintiff’s attorney, Mitchell Leverett, provides facts in his declaration to demonstrate that the Defendant did not serve any responses to the Plaintiff’s requests for production.
Under CCP section 2031.300, the Court may order a party to serve responses when the party has failed to serve any responses requests for production. In addition, under CCP section 2031.300, when a party fails to serve timely responses, the party waives all objections to the requests for production. Since the Defendant failed to serve any responses to the Plaintiff’s requests for production, the Court will order the Defendant to serve responses without objections.

In addition, the Plaintiff requests that the Court impose monetary sanctions for the fees and costs incurred on the motion. Under CCP section 2031.300 the Court may impose monetary sanctions upon the Defendant for its failure to comply with discovery.
The Plaintiff’s attorney, Mitchell Leverett, provides facts in his declaration to demonstrate that he spent 7 hours preparing the motion and that his hourly rate is $230 per hour. In addition, Mr. Leverett states that the filing fees were $60 for the motion. It is not reasonable to expend 7 hours on a single, unopposed, standard motion to compel discovery responses. A more reasonable time is 4 hours.
Accordingly, the amount of monetary sanctions is $980 = 4 hours at $230 per hour + $60 filing fee).

RULING:
1. ORDER the Defendant to serve responses to the Plaintiff’s requests for production within twenty days; Impose monetary sanctions of $980.00 on Defendant to be paid to the office of counsel for plaintiff within thirty days.

2. TAKE OFF CALENDAR Plaintiff’s Motion for Leave to Amend