Case Number: BC644266 Hearing Date: August 30, 2019 Dept: 5

Superior Court of California
County of Los Angeles
Department 5

duck jin choi, et al.,

Plaintiff,

v.

JACQUELYN DEHAVEN, et al.,

Defendants.

Case No.: BC644266

Hearing Date: August 30, 2019

[TENTATIVE] order RE:

DEFENDANT’S MOTIONS TO COMPEL

Defendants Ryan Rocco and SBR Construction, Inc. (“Defendants”) move to compel responses from Plaintiff Plaintiff Duck Jin Choi to: (1) Form Interrogatories (“FROG”), (2) Special Interrogatories, Set One (“SROG”), and (3) Requests for Production, Set One (“RPD”). The discovery requests were served by mail on November 15, 2019, meaning the responses were due on December 20, 2019. On January 28, 2019, Defendants’ counsel sent meet-and-confer correspondence concerning the outstanding discovery responses. The instant motions followed. As of the date of these motions, Plaintiff has not provided any discovery responses. Plaintiff has not opposed these motions, and there is nothing in the record to suggest that Plaintiff has complied with the outstanding discovery obligations. Therefore, Defendants’ motions to compel responses are granted pursuant to Code of Civil Procedure sections 2030.290 and 2031.300.

Defendants seek sanctions against Plaintiff and Plaintiff’s attorney in the total amount of $923.30 ($461.65 for each motion). The Court finds Plaintiff’s failure to respond constitutes a misuse of the discovery process, warranting sanctions. The Court finds that the requested amounts are reasonable and orders $923.30 in sanctions against Plaintiff and Plaintiff’s counsel, jointly and severally, based on four hours of attorney time at a billing rate of $200 per hour plus a filing fee of $61.65 for each motion.

CONCLUSION AND ORDER

Defendants’ motions to compel are granted. Plaintiff shall provide responses to the Form Interrogatories; Special Interrogatories, Set One; and Requests for Production, Set One, within twenty (20) days of notice of this order. Plaintiff and Plaintiff’s counsel-of-record shall pay $923.30, jointly and severally, to Defendants via counsel within twenty (20) days of notice of this order. Defendants shall provide notice and file proof of such with the Court.

DATED: August 30, 2019 ___________________________

Stephen Goorvitch

Judge of the Superior Court