Case Number: BC717873 Hearing Date: January 17, 2019 Dept: 4A
Motion to Compel Responses to Form Interrogatories, Special Interrogatories, Requests for Production of Documents, and Statement of Damages; Request for Sanctions
The court considered the moving papers.
On August 13, 2018, Plaintiff Ruth Denham (“Plaintiff”) filed her complaint against Defendant Allegiant Air, LLC (“Defendant”) for personal injury from an alleged trip and fall incident occurring on August 24, 2016.
On September 21, 2018, Defendant served by mail Form Interrogatories, Special Interrogatories, Requests for Production and a Request for Statement of Damages.
Defendant’s requests the Court to enter the following orders:
Compelling responses to Defendant’s Form Interrogatories (Set One)
Compelling responses to Defendant’s Special Interrogatories (Set One)
Compelling responses to Defendant’s Request for Production of Documents (Set One)
Compelling responses to Defendant’s Request for Statement of Damages to Plaintiff
The Court finds that Defendant properly served discovery requests and that Plaintiff failed to respond within the required time. Additionally, no proposed response to the Requests for Admissions (Set One) has been submitted.
For the foregoing reasons, Defendant’s motion is GRANTED.
Defendant’s request for sanctions is GRANTED in the total reduced amount of $802.50 based on two and one-half hours to prepare the motion at counsel’s rate of $225.00 per hour and four filings fees at $60.00 per motion.
The Court notes that moving party paid only one filing fee improperly combining all four motions into one.
The court ORDERS:
Defendant is ordered to pay additional filing fees in the amount of $180.00 within five days. Plaintiff is to serve Defendant responses to Defendant’s Form Interrogatories (Set One), Special Interrogatories (Set One), Request for Production (Set One), and Request for Statement of Damages within 20 days. Plaintiff and her counsel are ordered to pay Defendant $802.50 within 20 days.
Defendant is ordered to give notice of this ruling.