Ruling on Defendant Mercedes-Benz USA, LLC’s Unopposed Motions to Compel Responses to Form Interrogatories, Special Interrogatories, and Request for Production, and to Deem Request for Admissions Admitted 

Having reviewed Defendant Mercedes-Benz USA, LLC’s unopposed Motions to Compel Responses to Form Interrogatories, Special Interrogatories and Request for Production of Documents, and to Deem Request for Admissions Admitted, the Court rules as follows. 

On December 7, 2022, Defendant Mercedes-Benz USA, LLC served Form Interrogatories, Set No. One, Special Interrogatories, Set No. One, Request for Production of Documents, Set No. One, and Request for Admissions, Set One, on Plaintiff Leif Perez. 

Responses were due on October 10, 2022. Plaintiff Leif Perez failed to provide timely responses. Defendant Mercedes-Benz USA, LLC now move to compel code-compliant responses and deem the requests for admissions admitted. 

The Court grants the motions to compel responses to the form and special interrogatories pursuant to Code of Civ. Proc. § 2030.290(b) and orders Plaintiff Leif Perez to provide verified responses to the interrogatories compliant with Code of Civ. Proc. §§ 2030.210 (a) and 2030.220 without objections by May 6, 2023. The Court grants the motion pursuant to Code of Civ. Proc. § 2033.280 and deems the requests to be admitted. The Court grants the motion to compel responses to the request for production and production of items pursuant to Code of Civ. Proc. § 2031.300 and orders Plaintiff Leif Perez to provide verified responses pursuant to Code of Civ. Proc. § 2031.210 and to produce the documents, electronically stored information, and/or other things requested without objections by May 6, 2023.  

 

Defendant Mercedes-Benz USA, LLC request monetary sanctions totaling $2,220.00. The Court awards sanctions pursuant to Code of Civ. Proc. § 2023.030 (a), Code of Civ. Proc. § 2030.290 (c), Code of Civ. Proc. § 2033.280 (c) and Code of Civ. Proc. § 2031.300 (c) in the amount of $1,240.00, calculated as follows: 

Defendant requests $2,220.00 in sanctions, based on 4 hours of attorney’s work, at a rate of $540.00 per hour, and 1 $60.00 filling fee. 2 hours were spent drafting the motion and 2 hours are anticipated in attending the hearing on the motion. The Court notes that this motion should have been filed as 4 separate motions, 1 motion for each piece of discovery. Defendant is ordered to pay 3 additional $60.00 filling fees to account for the missing motions. The Court awards sanctions totaling $1,240.00, based on 4 hours of attorney’s work at a reasonable rate of $250.00 per hour and 4 $60.00 filling fees.  

The sanctions total $1,240.00 and are payable by Plaintiff Leif Perez and his counsel by May 6, 2023. 

Defendant is ordered to pay 3 additional $60.00 filling fees.  

Moving Party is to give notice of this ruling.