Judge: Daniel M. Crowley, Case: 19STCV17414, Date: 2023-02-14 Tentative Ruling

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Case Number: 19STCV17414    Hearing Date: February 14, 2023    Dept: 28

Case Name: Rosa Ayala v. Joey Richard Alvarado, et al.

Hearing Date: February 14, 2023
Case No.: 19STCV17414

Ruling on Defendants Trinity Worldwide Reprographics, Inc. and Joey Richard Alvarado’s Unopposed Motions to Compel Responses to Form Interrogatories and to Deem Request for Admissions Admitted.

            Having reviewed Defendants Trinity Worldwide Reprographics, Inc. and Joey Richard Alvarado’s unopposed Motions to Compel Responses to Form Interrogatories and to Deem Request for Admissions Admitted, the Court rules as follows.

On October 7, 2022, Defendants Trinity Worldwide Reprographics, Inc. and Joey Richard Alvarado served Request for Admissions, Set One, and Form Interrogatories, Set Two, on Plaintiff Rosa Ayala.

            Responses were due on November 8, 2022. Plaintiff Rosa Ayala has failed to provide timely responses. Defendants Trinity Worldwide Reprographics, Inc. and Joey Richard Alvarado now move to compel code-compliant responses and deem the requests for admissions admitted.

            The Court grants the motions to compel responses to the form and special interrogatories pursuant to Code of Civ. Proc. § 2030.290(b) and orders Plaintiff Rosa Ayala to provide verified responses to the interrogatories compliant with Code of Civ. Proc. §§ 2030.210 (a) and 2030.220 without objections by August 6, 2022. The Court grants the motion to deem requests for admission admitted pursuant to Code of Civ. Proc. § 2033.280 and deems the requests to be admitted.

Defendants Trinity Worldwide Reprographics, Inc. and Joey Richard Alvarado request monetary sanctions totaling $939.00.

The Court awards sanctions pursuant to Code of Civ. Proc. § 2023.030 (a), Code of Civ. Proc. § 2030.290 (c) and Code of Civ. Proc. § 2033.280 (c) in the amount of $471.00, calculated as follows:

Defendant requests $469.50 for each motion, based upon 3.5 hours of attorney’s work at a rate of $117.00 per hour and one $60.00 filling fee. Work is based on 1.5 hours of drafting the motion, 1 hour reviewing the opposition and 1 hour attending the hearing on the motion. The Court notes the motions are substantially similar, unopposed and will be heard concurrently. The Court awards sanctions totaling $471.00 across both motions.

The sanctions total $471.00 and are payable by Plaintiff Rosa Ayala and her counsel by September 12, 2022.

Moving Party is to give notice of this ruling.