DE YUAN FU VS WEI ZHAO

Case Number: BC685413 Hearing Date: January 08, 2019 Dept: 3

DE YUAN FU,

Plaintiff(s),

vs.

WEI ZHAO, ET AL.,

Defendant(s).

CASE NO: BC685413

[TENTATIVE] ORDER GRANTING DEFENDANT’S UNOPPOSED MOTIONS TO COMPEL

Dept. 3

1:30 p.m.

January 8, 2019

Defendant propounded form interrogatories, special interrogatories, and RPDs on Plaintiff on 6/01/18. To date, despite an attempt to meet and confer, Plaintiff has not served responses. Defendant therefore seeks an order compelling Plaintiff to respond, without objections, to the outstanding discovery and to pay sanctions.

As an initial note, Defendant filed two sets of motions. Defendant filed a set of motions on 11/28/18 and a second set of motions on 12/13/18. Both sets of motions have the same reservation ID number, and the Court cannot discern any notable difference between the two sets of motions. The Court has used the 12/13/18 motions in drafting this ruling.

Defendant’s motions are granted. Plaintiff is ordered to serve verified responses to form interrogatories, special interrogatories, and RPDs, without objections, within ten days. CCP §§2030.290(a),(b), 2031.300(a),(b).

Sanctions are mandatory. §§2030.290(c), 2031.300(c). Defendant seeks sanctions in the amount of $860/motion. Defense Counsel bills at the rate of $200/hour. He seeks to recover four hours of time in connection with each motion, but does not break down the fees by task. The Court awards one hour to prepare each form discovery motion. The Court awards two hours of appearance time, as Counsel is located in Glendale. The Court therefore awards a total of five hours of attorney time at the rate of $200/hour, for a total of $1000 in attorneys’ fees. The Court also awards three filing fees of $60 each, or $180 in costs.

Sanctions are sought and imposed against Plaintiff and his attorney of record, jointly and severally; they are ordered to pay sanctions to Defendant, by and through counsel of record, in the total amount of $1180, within twenty days.

Defendant is ordered to give notice.

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