Judge: Daniel M. Crowley, Case: 21STCV12591, Date: 2023-01-30 Tentative Ruling

Case Number: 21STCV12591    Hearing Date: January 30, 2023    Dept: 28

Case Name: Homar Ernesto Rivera Cruz v. Hydraulic Cranes, LLC
Hearing Date: January 30, 2023
Case No.: 21STCV12591

Ruling on Defendant Hydraulic Cranes LLC’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 Hydraulic Cranes LLC’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 June 21, 2022, Defendant Hydraulic Cranes LLC 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 Homar Ernesto Rivera Cruz.

            Responses were due on July 23, 2022. Plaintiff Homar Ernesto Rivera Cruz has failed to provide timely responses. Defendant Hydraulic Cranes LLC 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 Homar Ernesto Rivera Cruz to provide verified responses to the interrogatories compliant with Code of Civ. Proc. §§ 2030.210 (a) and 2030.220 without objections by February 9, 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. 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 Homar Ernesto Rivera Cruz 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 February 9, 2023.

Defendant Hydraulic Cranes LLC requests monetary sanctions totaling $3,940.00.

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 $1,350.00, calculated as follows:

Defendant requests $985.00 for each motion, based upon 5 hours of attorney’s work at a rate of $195.00 per hour and 1 $60.00 filling fee. Attorney’s work consists of 2 hours of drafting, 2 hours replying to any opposition, and 1 hour attending the hearing. The Court notes all motions are substantially similar and will be heard concurrently. The motions are also unopposed. The Court awards sanctions totaling $1,350.00 across all motions, based on 6 hours of attorney’s work and 4 $60.00 filling fees.

The sanctions total $1,350.00 and are payable by Plaintiff Homar Ernesto Rivera Cruz and his counsel by March 1, 2023.

Moving Party is to give notice of this ruling.