Judge: Daniel M. Crowley, Case: 19STCV46599, Date: 2023-03-17 Tentative Ruling

Case Number: 19STCV46599    Hearing Date: March 17, 2023    Dept: 28

Case Name: Stanley Waite v. 99 Cents Only Stores LLC, et al.

Hearing Date: March 17, 2023
Case No.: 19STCV46599

Ruling on Defendants 99 Cents Only Stores, LLC and Jerick Hacobian’s Unopposed Motions to Compel Responses to Form Interrogatories and to Deem Request for Admissions Admitted.

            Having reviewed Defendants 99 Cents Only Stores, LLC and Jerick Hacobian’s unopposed Motions to Compel Responses to Form Interrogatories and to Deem Request for Admissions Admitted, the Court rules as follows.

On March 22, 2022, Defendants 99 Cents Only Stores, LLC and Jerick Hacobian served Request for Admissions, Set One, and Form Interrogatories, Set Two, on Plaintiff Stanley Waite.

            Responses were due on April 21, 2022. Plaintiff Stanley Waite has failed to provide timely responses. Defendants 99 Cents Only Stores, LLC and Jerick Hacobian 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 Stanley Waite to provide verified responses to the interrogatories compliant with Code of Civ. Proc. §§ 2030.210 (a) and 2030.220 without objections by April 16, 2023. 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 99 Cents Only Stores, LLC and Jerick Hacobian request monetary sanctions totaling $1,377.50.      

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 $580.00, calculated as follows:

Defendants request $725.00 for the Request for Admissions, based on 5 hours of attorney’s work, at a rate of $145.00 per hour. 1 hour was spent meeting and conferring, 2.5 hours were spent drafting the motion, and 1.5 hours will be spent appearing at the hearing. Defendants also request $625.50 for the Form Interrogatories, based on 4.5 hours of attorney’s work. 1 hour was spent meeting and conferring, 2 hours were spent drafting the motion and 1.5 hours will be spent appearing at the hearing. The Court notes the motions are substantially similar, unopposed and will be heard concurrently. The Court awards sanctions totaling $580.00 across both motions, based on 4 hours of attorney’s work.

The sanctions total $580.00 and are payable by Plaintiff Stanley Waite and his counsel by April 16, 2023.

Moving Party is to give notice of this ruling.