Judge: Curtis A. Kin, Case: 20STCV11045, Date: 2022-08-09 Tentative Ruling

Case Number: 20STCV11045    Hearing Date: August 9, 2022    Dept: 72

MOTION TO DEEM TRUTH OF MATTERS

SPECIFIED IN REQUESTS FOR ADMISSIONS,

SET ONE, ADMITTED

Date:                                                                                       8/9/22 (8:30 AM)                   

Case:                                                   Tasha Jenkins v. Monfric et al. (20STCV11045)

TENTATIVE RULING:

Defendant Monfric., Inc.’s UNOPPOSED Motion to Deem the Truth of Matters Specified in Request for Admissions, Set One, Admitted is GRANTED.

On April 5, 2022, defendant Monfric, Inc. served Request for Admissions, Set One on plaintiff Tasha Jenkins by mail. (Schnayerson Decl. ¶ 2 & Ex. A.) The deadline to serve responses to the discovery was May 10, 2022. (CCP § 2033.250(a) [responses to be served 30 days after service]; 1013(a) [five days added for mail].) Despite meeting and conferring, no responses have been served. (Schnayerson Decl. ¶¶ 5-7 & Ex. B.) Accordingly, all objections are waived. (CCP § 2033.280(a).)

The motion is GRANTED. The matters set forth in Request for Admissions, Set One, served on April 5, 2022, are deemed admitted against plaintiff Tasha Jenkins

For failing to comply with discovery obligations and thereby forcing defendant to file this motion, the Court imposes a total of $1,074 in monetary sanctions on plaintiff Tasha Jenkins. The monetary sanctions are based on one hour at an hourly rate of $260 for preparing the motion, three hours at an hourly rate of $208 for preparing the motion, and 0.5 hours at an hourly rate of $260 for attending the hearing (instead of the total 12 hours counsel claims for preparing the motion and attending the hearing), plus $60 for the motion filing fee. Monetary sanctions shall be paid to counsel for defendant Monfric, Inc. within thirty (30) days hereof.