Judge: Cherol J. Nellon, Case: 22STCV03471, Date: 2023-08-15 Tentative Ruling
Case Number: 22STCV03471 Hearing Date: August 15, 2023 Dept: 14
Instant Motions
Plaintiff now moves this court, per
Code of Civil Procedure §§ 2030.290, 2031.300, and 2033.280 for orders (1)
compelling Defendant Posh to serve initial responses to Plaintiff’s Form and
Special Interrogatories, Set No. One, and Requests for Production, Set No. One,
(2) deeming Plaintiff’s Requests for Admissions Set No. One as admitted by
Defendant Posh, and (3) awarding sanctions of $1,935 per motion, amounting to a
total of $7,740.00.
Decision
The motions are GRANTED. The Requests
for Admissions, Set No. One served on Defendant Posh are DEEMED ADMITTED by
Defendant Posh. Sanctions of $7,740.00 are awarded to Plaintiff, payable by
Defendant Posh to Plaintiff’s counsel within 30 days.
The motions are unopposed. This operates as a concession by the other
parties that the motions have merit. See California Rules of Court Rule
3.1113(a); see also Rule 3.1320(f); Herzberg v. County of Plumas (2005)
133 Cal.App.4th 1, 20. Code of Civil Procedure §§ 2030.290, 2031.300,
and 2033.280 make the award of monetary sanctions mandatory.