Judge: Cherol J. Nellon, Case: 24STCV04195, Date: 2025-04-07 Tentative Ruling

Case Number: 24STCV04195    Hearing Date: April 7, 2025    Dept: 14

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Case Background

This is an action for violations of the Labor Code, violations of the FEHA, negligent hiring, wrongful termination, and unfair competition. Plaintiffs allege Defendants violated the Labor Code by failing to give them rest breaks, itemized wage statements, reimbursement of expenses, sick leave, and other things.

On February 20, 2024, Plaintiffs Jimi Kim and Jiyeon Lee filed their Complaint against Defendants Florence Auto Parts, Inc. and Richard J. Kim.

Between January 27, 2025 and January 31, 2025, Plaintiffs filed 26 motions to compel further.

Instant Pleading

Plaintiffs each move to compel Defendants’ responses to Form Interrogatories (FROGs), Special Interrogatories (SROGs), and Requests for Production (RPDs), sets one and two. Additionally, Plaintiffs move to deem Requests for Admissions (RFAs) propounded on Defendant Kim admitted.

Decision

Plaintiffs’ motions to compel discovery responses and to deem requests for admissions admitted are GRANTED. Because the motions were unopposed and largely identical, the Court grants a reduced amount of sanctions of $3,160 for four hours of attorney time at a rate of $400 per hour and 26 filing fees. Defendants Richard Kim and Florence Auto Parts are to serve their discovery responses and pay sanctions to Plaintiffs Jimi Kim and Jiyeon Lee within 30 days of receiving notice of this order.

Discussion

Plaintiffs move to compel Defendants responses to written discovery and to deem RFAs admitted.

Plaintiffs’ counsel testifies that on May 15, 2024 and December 16, 2024, she served written requests for discovery on Defendants. (Kang Decl., ¶5.) Despite Counsel granting Defendants 10 extensions, Defendants either served unverified responses or failed to serve any response at all. (Kan Decl., ¶¶5-7.)

Defendants failed to serve responses to Plaintiffs’ requests for written discovery. Additionally, Defendants’ unverified responses are tantamount to no response at all. (Appleton v. Superior Court (1988) 206 Cal. App. 3d 632, 635-36.) Because Defendants failed to respond to the discovery requests, Plaintiffs’ motions to compel the responses are granted. Likewise, the motions to deem requests for admission admitted are granted.

Plaintiffs’ failure to serve timely responses constitutes sanctionable discovery abuse under Code Civ. Proc., section 2023.010, subd. (d). However, Plaintiffs’ requests for sanctions must be reduced because the motions were unopposed and largely identical. Plaintiff’s request for sanctions is GRANTED in the reduced amount of $3,160 for four hours of attorney time at a rate of $400 per hour and 26 filing fees

Conclusion

Plaintiffs’ motions to compel discovery responses and to deem requests for admissions admitted are GRANTED. Because the motions were unopposed and largely identical, the Court grants a reduced amount of sanctions of $3,160 for four hours of attorney time at a rate of $400 per hour and 26 filing fees. Defendants Richard Kim and Florence Auto Parts are to serve their discovery responses and pay sanctions to Plaintiffs Jimi Kim and Jiyeon Lee within 30 days of receiving notice of this order.