Case Number: BC580640??? Hearing Date: February 09, 2017??? Dept: 98
MEHRAN MOGHIMI,
Plaintiff,
vs.
LUDMILA BELICHENKO,
Defendant.
CASE NO: BC580640
[TENTATIVE] ORDER RE: DEFENDANT?S MOTION TO COMPEL DISCOVERY RESPONSES AND REQUEST FOR MONETARY SANCTIONSDept. 98
1:30 p.m.
February 9, 2017
On May 15, 2015, Plaintiff Mehran Moghimi (?Plaintiff?) filed this action against Defendant Ludmila Belichenko (?Defendant?) for alleged damages arising out of a May 31, 2013 vehicle accident. On November 11, 2016, Defendant served Plaintiff with Demand for Identification and Inspection of Documents, Set Two. Declaration of Marjorie Motooka, ? 4. Plaintiff has failed to produce any responses. Id., ? 8. Defendant therefore now moves to compel Plaintiff?s responses to the outstanding discovery request and for monetary sanctions.
If a party fails to serve a timely response to a demand for production or interrogatories, the party making the demand may move for an order compelling a response. Cal. Code of Civ. Proc. ?? 2030.290(b), 2031.300(b). The party to whom the demand or interrogatories are directed waives any objection, including those based on privilege or work product. Id., ?? 2030.290(a), 2031.300(a).
As Plaintiff has failed to provide any responses, Defendant?s Motion is GRANTED. Plaintiff is ordered to serve verified responses, without objections, to Defendant?s Demand for Identification and Inspection of Documents, Set Two within ten (10) days of the date of this Order.
The Court must impose monetary sanctions, unless it finds Plaintiff acted with substantial justification or that circumstances make the imposition of the sanction unjust. Cal. Code of Civ. Proc. ? 2031.300(c). The Court finds sanctions to be appropriate here.
Defendant seeks monetary sanctions in the amount of $1,488.00, contending that four hours were spent preparing this Motion, two hours will be spent preparing a reply, and six hours will be spent appearing at the hearing, at a rate of $119.00 per hour. Defendant also incurred a $60.00 filing fee.
The Court finds one hour to prepare this unopposed Motion and one hour to appear at the hearing, which counsel may do via Court Call, is sufficient to compensate Defendant. The Court therefore awards Defendant a total of $298.00 in monetary sanctions against Plaintiff and his attorney of record, jointly and severally. Sanctions are to be paid within thirty (30) days of the date of this Order.
Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT98@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion will be placed off calendar.
Dated this 9th day of February, 2017
Hon. Holly J. Fujie
Judge of the Superior Court