Judge: Cherol J. Nellon, Case: 21STCV01713, Date: 2023-05-09 Tentative Ruling

Case Number: 21STCV01713    Hearing Date: May 9, 2023    Dept: 28

Ruling on Defendant Numero Uno Acquisitions, LLC’s Unopposed Motions to Compel Responses to Request for Production, and to Deem Request for Admissions Admitted

Having reviewed Defendant Numero Uno Acquisitions, LLC’s unopposed Motions to Compel Responses to Request for Production of Documents, and to Deem Request for Admissions Admitted, the Court rules as follows.

On August 3, 2022, Defendant Numero Uno Acquisitions, LLC served Request for Production of Documents, Set No. One, and Request for Admissions, Set One, on Plaintiff Ana Luz Anguiano.

Responses were due on September 4, 2022. Plaintiff Ana Luz Anguiano failed to provide timely responses. Defendant Numero Uno Acquisitions, LLC now move to compel code-compliant responses and deem the requests for admissions admitted.

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 Ana Luz Anguiano 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 19, 2023.

Defendant Numero Uno Acquisitions, LLC request monetary sanctions totaling $732.50. The Court awards sanctions pursuant to Code of Civ. Proc. § 2023.030 (a), Code of Civ. Proc. § 2033.280 (c) and Code of Civ. Proc. § 2031.300 (c) in the amount of $525.00, calculated as follows:

Defendant requests $732.50 across both motions based 4.5 hours of attorney’s work, at a rate of $135.00 per hour, and 2 $60.00 filling fees. Attorney’s work is based on 3 hours drafting and 1.5 hours attending the hearing. The Court notes that the motions are substantially similar, unopposed and set to be heard concurrently. The Court grants sanctions totaling $525.00, based on 3 hours of attorney’s work.

The sanctions total $525.00 and are payable by Plaintiff Ana Luz Anguiano and her counsel by June 9, 2023.

Moving Party is to give notice of this ruling.