Judge: Daniel M. Crowley, Case: 21STCV16631, Date: 2022-08-12 Tentative Ruling

Case Number: 21STCV16631    Hearing Date: August 12, 2022    Dept: 28

Ruling on Plaintiff Tara Martinez’s Unopposed Motions to Compel Responses from Defendant Festival Management Corporation to Form Interrogatories and Request for Production and to Deem Request for Admissions Admitted.

Having reviewed Plaintiff Tara Martinez’s unopposed Motions to Compel Responses to Form Interrogatories and Request for Production of Documents and to Deem Request for Admissions Admitted, the Court rules as follows.

On December 22, 2021, Plaintiff Tara Martinez served Request for Production of Documents, Set One, Request for Admissions, Set One, and Form Interrogatories, Set One on Defendant Festival Management Corporation.

Responses were due on March 29, 2022. Defendant Festival Management Corporation has failed to provide timely responses. Plaintiff Tara Martinez 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 Defendant Festival Management Corporation 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. 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 Defendant Festival Management Corporation 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 September 12, 2022.

Plaintiff Tara Martinez request monetary sanctions totaling $5895.00.  

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 $1,180.00, calculated as follows:

Plaintiff requests $1935.00 in sanctions, based upon 5 hours of attorney’s work at a rate of $375.00 per hour, along with on $60.00 filling for each motion. Attorney’s work is based upon 2 hours to prepare the motion, 1 hour to review any opposition to the motion, 1 hour to prepare for the hearing on the motion, and 1 hour to argue the motion. The Court notes there is no opposition to the motion, and thus will not account for that. In addition, the Court notes that these motions are to be heard concurrently and are substantially similar in form and content. As such, the Court awards $660.00 in sanctions for the Request for Form Interrogatories, based upon 3 hours of attorney’s work and one $60.00 filling fee. The Court awards an additional $260.00 in sanctions for the other two motions, based upon 1 hour of attorney’s work each.

The sanctions are payable by Defendant Festival Management Corporation and his counsel by September 12, 2022.

Moving Party is to give notice of this ruling.