Case Number: 18STCV00358 Hearing Date: January 15, 2019 Dept: 3

DEMETRIOS FOTINATOS,

Plaintiff(s),

vs.

1575 & COMPANY, INC., ET AL.,

Defendant(s).

CASE NO: 18STCV00358

[TENTATIVE] ORDER GRANTING DEFENDANTS’ MOTIONS TO COMPEL AND DEEM RFAs ADMITTED

Dept. 3

1:30 p.m.

January 15, 2019

Defendants propounded form interrogatories, RPDs, and RFAs on Plaintiff, in pro per, on 10/30/18. On 12/12/18, eight days after responses were due, Defendants filed these motions to compel responses to form interrogatories and RPDs and motion to deem RFAs admitted.

On 1/03/19, Plaintiff filed oppositions to the motions. The oppositions were filed one day late. Per CCP §1005(b), opposition was due nine court days prior to the hearing, on or before 1/02/19. Per §1005(c), opposition needed to be served in a manner ensuring delivery by the next business day, 1/03/19. Plaintiff served the oppositions by mail on 12/31/18. The Code adds five days for mail service. Defendants’ attorney is located outside of Los Angeles County. Of note, the Court has not received any reply documents. The Court has not considered the late-filed and improperly served opposition papers.

Defendants’ motions to compel are granted. Plaintiff 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).

The Court must deem the RFAs admitted unless Plaintiff serves verified responses, in substantial compliance with the Code, prior to the hearing. Defendants’ motion to deem RFAs admitted is therefore also granted. CCP §2033.280(b).

Sanctions are mandatory unless Plaintiff shows good cause or substantial justification to avoid imposition of sanctions. §§2030.290(c), 2031.300(c). Additionally, with respect to the RFAs, sanctions are absolutely mandatory. §2033.280(c).

Defendants seek sanctions in varying amounts in connection with each motion. The Court notes that the Code requires sanctions to be “reasonable.” The Court also notes that, while meet and confer is not required, meet and confer is encouraged prior to filing motions to compel, especially where litigants are representing themselves. Defendants did not attempt to meet and confer prior to filing these motions.

The Court awards the requested 1.6 hours total to prepare the three motions. No reply was filed, so no time for reply is awarded. The Court finds it is not reasonable to require Plaintiff to pay for Defendants’ choice to retain a lawyer outside of the county, and declines to award seven hours of attorney time to appear at the hearing; the Court reduces this to two hours. The Court awards a total of 3.6 hours of attorney time at the requested rate of $185/hour, or $666 in attorneys’ fees. The Court also awards three filing fees of $60 each, or $180 in costs.

Sanctions are sought and imposed against Plaintiff, in pro per. He is ordered to pay sanctions to Defendants, by and through their attorney of record, in the total amount of $846, within twenty days.

Defendants are ordered to give notice.