Judge: Curtis A. Kin, Case: 21STCV40805, Date: 2023-03-09 Tentative Ruling

Case Number: 21STCV40805    Hearing Date: March 9, 2023    Dept: 72

MOTION TO DEEM THE TRUTH OF THE

MATTERS SPECIFIED IN

REQUESTS FOR ADMISSION ADMITTED

Date:               3/9/23 (8:30 AM)

Case:               12 Albany, LLC v. OG Farmz, Inc. et al. (21STCV40805)

TENTATIVE RULING:

Plaintiff 12 Albany, LLC’s UNOPPOSED Motion to Deem the Truth of the Matters Specified in Requests for Admission, Set One, Admitted against Defendant Chong Sang Eric Tak is GRANTED.

Plaintiff 12 Albany, LLC’s UNOPPOSED Motion to Deem the Truth of the Matters Specified in Requests for Admission, Set One, Admitted against Defendant OG Farmz, Inc. is GRANTED.

Plaintiff 12 Albany, LLC’s UNOPPOSED Motion to Deem the Truth of the Matters Specified in Requests for Admission, Set One, Admitted against Defendant The One1 Entertainment, Inc. is GRANTED.

On December 6, 2022, plaintiff 12 Albany, LC served the first sets of Requests for Admissions on each of the defendants by email and mail. (Chung Decls. ¶¶ 2 & Exs. A.) The latest possible deadline to serve responses was January 10, 2023. (CCP § 2033.250(a) [responses to be served 30 days after service]; 1013(a) [five calendar days added for mail]; cf. CCP § 1010.6(a)(4)(B) [two court days added for email service].) As of the filing of the motions, no responses have been served. (Chung Decls. ¶¶ 4.) Accordingly, all objections are waived. (CCP § 2033.280(a).)

The motions are GRANTED. As requested, the Court deems as admitted the Requests for Admission propounded on defendants as follows:

·                     Requests for Admission, Set One, Nos. 4-28 propounded on defendant Chong Sang Eric Tak

·                     Requests for Admission, Set One, Nos. 4-30 propounded on defendant OG Farmz, Inc.

·                     Requests for Admission, Set One, Nos. 2-14 propounded on defendant The One1 Entertainment, Inc.

For failing to comply with discovery obligations thereby forcing plaintiff to file these three motions, the Court imposes monetary sanctions on each defendant as follows:

·                     $520.84 against defendant Chong Sang Eric Tak

·                     $520.83 against defendant OG Farmz, Inc.

·                     $520.83 against defendant The One1 Entertainment, Inc.

The monetary sanctions are based on 1 hour of attorney Jay J. Chung’s time preparing all three motions (instead of 1 hour for each motion) at an hourly rate of $550, 2.5 hours for the time associates spent in preparing the motion (instead of 2.5 hours for each motion) at an hourly rate of $295, and 0.5 hours of attorney Chung’s time preparing a notice of non-opposition and preparing for and attending the hearing for all three motions (instead of 1.3 hours per motion for preparing a reply and preparing for and attending the hearing) at an hourly rate of $550. The total sanctions are allocated equally to each of the three defendants.

Monetary sanctions shall be paid to counsel for plaintiff 12 Albany, LLC within 30 days hereof.