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MOTION FOR SUMMARY JUDGMENT, FOR 13-6-11 COSTS

,
AND FOR 9-15-14 PENALTIES

COMES NOW Plaintiff XXXXX XXXXX XXXXX, LLC, by and through undersigned counsel,
and makes and files this, his Motion for Summary Judgment, for 13-6-11 Costs, and for 9-15-14
Penalties, following Defendant XXXXX XXXXX XXXXX’s willful failure or refusal to respond to any of
Plaintiff’s lawfully propounded Discovery items, including Plaintiff’s First Continuing Requests to
Admit, and in support thereof states the following:
1.
On XXXXX XX, 2015, Plaintiff served the following items of Discovery on Defendant by
personal service via the XXXXX County Sheriff’s Office:

Plaintiff’s First Continuing Interrogatories to Defendant;

Plaintiff’s First Continuing Requests to Admit;

Plaintiff’s First Continuing Notice to Produce

A copy of each pleading is attached hereto and incorporated as if restated herein as Exhibits “A”, “B”,
and “C”, respectively.
2.
On XXXXX XX, 2015, Plaintiff sent a letter to Defendant via Certified Mail, return receipt
requested, a copy of which Post Office receipt is attached hereto and incorporated herein as Exhibit
“D”. The letter explained the potential repercussions of a failure to respond to the submitted
Discovery items, repeated the Discovery items requested in case they were unintentionally ignored,
gave a deadline for the submission of these items two weeks from the date of the letter, and
otherwise met counsel’s obligations for communication as required by Uniform Superior Court Rule
6.4. A copy of said letter is attached hereto and incorporated herein as Exhibit “E”.
3.
OCGA Section 9-11-36(a)(2) states that, with respect to the requests for admission that were
lawfully made under the provisions governing civil Discovery, the matters are admitted unless “within
30 days after service of the request or within such shorter or longer time as the court may allow, the

331 Ga. This was never done. 4. 5. Admit that you indicated to XXXXX XXXXX at that time that you would make an effort to obtain payment for him. attached hereto and incorporated herein as Exhibit “F”. Taken together with the . App.” Nothing in Exhibit “B” has been contested by Defendant to this suit. 11. v. requiring breach and resultant damages to a party with the right to complain about the breach. Gao. The items which are declared admitted for purposes of this lawsuit by operation of law include the following: “8. as shown in a copy of the letter attached hereto and incorporated herein as Exhibit “G”. signed by the party or by his attorney”. The payment obligation which is described in Exhibit “F” was modified by the initial engagement letter. Admit that you did not make any payment to XXXXX XXXXX after the request described in #8. 2015). in which the total cost of the representation to be rendered was reduced by half.2d 196 (Ga. Admit that XXXXX XXXXX initially requested payment by you of at least $250 (Two Hundred Fifty Dollars) on or about XXXXX XX. 2014. P. initially identified in the Complaint for Payment of Outstanding Legal Fees. a copy of which is included herein for reference. 10. and the matters are therefore legally deemed admitted. 522. 771 S. The contract in question is the attorney-client agreement between the parties. have you paid any money to XXXXX XXXXX. 526. Admit that at no time after XXXXX XX. 9.E. The essential elements of a claim for breach of contract are laid out in Cordell & Cordell. including its statement that the undersigned had received no payment for at least three months. 2014. App.party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter.C.

reasonable and necessary attorney's fees and expenses of litigation shall be awarded to any party against whom another party has asserted a claim. or against both in such manner as is just.C. The actions of Defendant have been willful. in that money is owed for a contracted service. Further. or other position. In this case.admissions made above. according to the application of the plain language of that Code section. listed in Exhibit “B”. or other position. $500 per month plus $75 per month for documents and miscellaneous costs (a total of $1. or against that party's attorney. abuses of discovery procedures available under Chapter 11 of this title. His willful actions entitle Plaintiff to a grant of all the relief provided for under Code Section 9-15-14. Attorney's fees and expenses so awarded shall be assessed against the party asserting such claim. . in pertinent part. defense. or any part thereof. that lacked substantial justification or that the action. including. Section 9-15-14. he has completely disregarded his obligations under contract. damages that are proven by the pleadings are at least three months’ payment at a rate provided by Exhibit “F”. defense. the "Georgia Civil Practice Act. admittedly unpaid in breach of that contract. states the following:  In any civil action in any court of record of this state. as is legally admitted by his failure to make any response or objection to #11 of Exhibit “B”. which amount was never paid as provided by the admissions made. or One Thousand. including his failure to answer any Interrogatory propounded to him or to produce any of the documentary proof he referenced in his Answer to this action. supra. it finds that an attorney or party brought or defended an action. Seven Hundred Twenty-Five Dollars). 7. upon the motion of any party or the court itself.725. because his behavior lacked substantial justification. 6. plus the $250 (Two Hundred Fifty Dollars) minimum requested as payment by the letter. or other position with respect to which there existed such a complete absence of any justiciable issue of law or fact that it could not be reasonably believed that a court would accept the asserted claim." As used in this Code section. and completely disregarded his obligations to this Court. but not limited to.  The court may assess reasonable and necessary attorney's fees and expenses of litigation in any civil action in any court of record if. or any part thereof. defense. was interposed for delay or harassment. listed above. P. and is sued for as damages by a party with standing to so sue. as exemplified by his failure to respond to Discovery in any way. this fulfills the requirements of a breach of contract case from Cordell & Cordell. or if it finds that an attorney or party unnecessarily expanded the proceeding by other improper conduct.

if Defendant had not chosen to be willfully contemptuous of this Court and of Plaintiff’s Complaint and Discovery efforts. as shown on the attached receipts. The total for Plaintiff’s expenses is $337.13. The total judgment. 8. a copy of which is attached hereto and incorporated herein as Exhibit “H”. The amount of these attorney’s fees is $232."lacked substantial justification" means substantially frivolous. and the actions of Defendant have been the stubbornly litigious and unnecessary cause of that expense.000. return receipt provided. therefore. Plaintiff is entitled only to the amount of $1. 2015. and the amount of attorney’s fees permitted for contract collection by OCGA § 13-1-11(a)(2).42 (Sixteen Dollars and Forty-Two Cents).305. in the amount of $11. when sending a notice or letter to Defendant.000 that was voluntarily reduced by the undersigned attorney to $10. is $2. copies of which receipts have been attached hereto and incorporated herein as Exhibit “K”. These expenses totaled $16. To this may be added the post-judgment interest provided by statute.356.31. or has caused the plaintiff unnecessary trouble and expense”. has been stubbornly litigious. Lastly.58 is appropriate. Plaintiff was required to spend money at XXXXX XXXXX XXXXX XXXXX XXXXX for expenses related to preparing pleadings for filing and service.98 (Three Hundred Thirty-Seven Dollars and Ninety-Eight Cents). in the amount of $148. receipt of the 10-day letter. substantially groundless.00”. In addition.56 (Eleven Dollars and Fifty-Six Cents). A penalty of $2. 10.00 of principal and interest owing on such note or other evidence of indebtedness and 10 percent of the amount of principal and interest owing thereon in excess of $500. or substantially vexatious. Plaintiff has been required to pay costs to the United States Postal Service for certified mail. “15 percent of the first $500. as shown on a copy of the receipts saved relevant to this matter. respectively. These pleadings showed an initial agreed-upon fee of $20. according to admissions that Defendant is lawfully bound by.925 in principal. Plaintiff has been required to expend a great deal of time and expense to collect any of the money owed to him.44. amounting to one and one-half percent per month from the April 22. which copy is attached hereto and incorporated herein as Exhibit “L”. the expenses of litigation are available “where the plaintiff has specially pleaded and has made prayer therefor and where the defendant has acted in bad faith. denominated Exhibits “I” and “J”. for which he was never paid more than . Without submitting a further selection of Requests to Admit. 9. especially when considering the pleadings brought in this matter by the parties. These costs have included $310 in court costs and fees for Sheriff’s Department service. Under OCGA § 13-6-11.

Defendant made wild and slanderous accusations. For the matters requested by Plaintiff that Defendant admit or deny to be declared legally admitted. should they manifest in any form. 3. However. 2. For the entry of a total judgment against Defendant in the amount of $5. 6. and harassing conduct. and 7.58. WHEREFORE. and refused to support these accusations with any proof at all. in response. For any and all further relief as the Court in its wisdom deems appropriate . Plaintiff demands the following relief: 1. these the accusations required Plaintiff to prepare any available proof to defeat them. For the entry of judgment against Defendant for the reasonable costs incurred by Plaintiff in pursuing this motion. For the entry of damages against Defendant and in favor of Plaintiff pursuant to the provisions of OCGA § 9-15-14 for harassing or vexatious litigation in the amount of $2. Defendant should be required to pay at least $5. 4. For entry of an Order granting summary judgment in favor of Plaintiff on the contractual liability of Defendant in the amount of $1. for purposes of this lawsuit. in the amount of $337.000 (Five Thousand Dollars) as a fair penalty for his vexatious. For entry of damages against Defendant and in favor of Plaintiff in the amount of $232.31 in attorney’s fees for the prosecution of this action.13 pre-judgment interest. with the remainder of the payments being credit given.$500.356.000.925 principal and $148. groundless.98. 5.