Judge: Daniel M. Crowley, Case: 20STCV48789, Date: 2022-09-27 Tentative Ruling

Case Number: 20STCV48789    Hearing Date: September 27, 2022    Dept: 28

Case Name: Jose Sanabria v. Food for Less of Southern California, Inc., et al.
Hearing Date: September 27, 2022
Case No.: 20STCV48789

Ruling on Defendant American Guard Services, Inc.’s Unopposed Motions to Compel Responses to Form Interrogatories, Special Interrogatories and Request for Production, and to Deem Request for Admissions Admitted.

            Having reviewed Defendant American Guard Services, Inc.’s unopposed Motions to Compel Responses to Form Interrogatories, Special Interrogatories, and Request for Production of Documents, and to Deem Request for Admissions Admitted, the Court rules as follows.

            On August 9, 2021, Defendant American Guard Services, Inc. served Form Interrogatories, Set No. One, Special Interrogatories, Set No. One, Request for Production of Documents, Set No. One, and Request for Admissions, Set One, on Plaintiff Jose Sanabria.

            Responses were due on December 17, 2021. Plaintiff Jose Sanabria has failed to provide timely responses. Defendant American Guard Services, Inc. now moves 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 Jose Sanabria to provide verified responses to the interrogatories compliant with Code of Civ. Proc. §§ 2030.210 (a) and 2030.220 without objections by October 7, 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. The Court grants the motion to compel responses to the request for production and production of items pursuant to Code of Civ. Proc. § 2031.300 and orders Plaintiff Jose Sanabria to provide verified responses pursuant to Code of Civ. Proc. § 2031.210 and to produce the documents, electronically stored information, and/or other things requested without objections by October 7, 2022.

Defendant American Guard Services, Inc. request monetary sanctions totaling $2,780.00.

The Court awards sanctions pursuant to Code of Civ. Proc. § 2023.030 (a), Code of Civ. Proc. § 2030.290 (c), Code of Civ. Proc. § 2033.280 (c) and Code of Civ. Proc. § 2031.300 (c) in the amount of $1,440.00, calculated as follows:

Defendant requests $2,780.00 in total across all motions, based upon a rate for attorney’s work of $200.00 per hour. The Court awards $660.00 in sanctions for the Motion to Deem Request for Admissions Admitted, based upon 3 hours of attorney’s work and one $60.00 filling fee. The Court awards $260.00 in sanctions for each of the three other motions, based on one hour of attorney’s work and one $60.00 filling fee.

The sanctions total $1,440.00 and are payable by Plaintiff Jose Sanabria and his counsel by October 27, 2022.

Moving Party is to give notice of this ruling.