Judge: Curtis A. Kin, Case: 20STCV46433, Date: 2022-08-09 Tentative Ruling

Case Number: 20STCV46433    Hearing Date: August 9, 2022    Dept: 72

MOTION TO DEEM REQUESTS FOR ADMISSION,

SET ONE, ADMITTED

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

Case:          Daniel Rangel v. Frontline Maintenance et al. (20STCV46433)

TENTATIVE RULING:

Plaintiff Daniel Rangel’s UNOPPOSED Motion to Deem Requests for Admission, Set One, Admitted is GRANTED, subject to the payment of additional filing fees as set forth below.

Plaintiff Daniel Rangel moves for an order deeming the matters set forth in Requests for Admission, Set One admitted against defendants Frontline Maintenance and Gilbert Montelongo.

As a preliminary matter, plaintiff did not file a separate motion and pay a separate filing fee for each of the two discovery sets. The filing fee required by Government Code § 70617(a)(4) concerning discovery motions applies “separately to each motion or other paper filed,” “[r]egardless of whether each motion or matter is heard at a single hearing or at separate hearings.” (Gov. Code § 70617(f).) Because this motion concerns two different discovery sets, plaintiff was required to pay two separate filing fees of $60, or $120 in total. Plaintiff paid only one filing fee of $60.  $60 remains due.

On February 17, 2022, plaintiff Daniel Rangel served Requests for Admission, Set One on defendants Frontline Maintenance and Gilbert Montelongo by mail and email. (Nakahiro Decl. ¶ 2 & Exs. 1-2.) The deadline to serve responses to the discovery was April 25, 2022. (Nakahiro Decl. ¶ 4; CCP § 2033.260(a) [parties may agree to extension of time to respond to discovery].) No responses have been served. (Nakahiro Decl. ¶ 5.) Accordingly, all objections are waived. (CCP § 2033.280(a).)

The motion is GRANTED. The Court deems as admitted against defendants Frontline Maintenance and Gilbert Montelongo the matters set forth in the respective Requests for Admissions, Set One served on February 17, 2022. 

Within five (5) court days, plaintiff is ordered to pay an additional $60 to cover the one additional discovery set that this motion concerns. If plaintiff does not pay these fees within the stated deadline, the order deeming matters admitted shall apply only to Frontline Maintenance.

For failing to comply with discovery obligations and thereby forcing plaintiff to file this motion, the Court imposes a total of $525 in sanctions against defendant Frontline Maintenance and $525 in sanctions against defendant Gilbert Montelongo. The monetary sanctions are based on one hour for preparing the motion and 0.5 hours for attending the hearing, both at an hourly rate of $700 (instead of the total 2 hours counsel claims for preparing the motion, reviewing the opposition, preparing the reply, and attending the hearing). Monetary sanctions shall be paid to counsel for plaintiff Daniel Rangel within 30 days hereof.