Judge: Daniel M. Crowley, Case: 21STCV32175, Date: 2023-02-06 Tentative Ruling

Case Number: 21STCV32175    Hearing Date: February 6, 2023    Dept: 28

Case Name: Sergio Avendano, et al. v. Joseline Nacau

Hearing Date: February 6, 2023
Case No.: 21STCV32175

Ruling on Defendant Joseline Nacua’s Unopposed Motions to Compel Responses to Form Interrogatories, Special Interrogatories, Request for Production, and Request for Admissions.

            Having reviewed Defendant Joseline Nacua’s unopposed Motions to Compel Responses to Form Interrogatories, Special Interrogatories, Request for Production of Documents, and Request for Admissions, the Court rules as follows.

            On May 12, 2022, Defendant Joseline Nacua 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 Plaintiffs Erin Mayner and Sergio Avendano, individually.

            Responses were due on July 26, 2022. Plaintiffs Erin Mayner and Sergio Avendano have failed to provide timely responses. Defendant Joseline Nacua 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 Plaintiffs Erin Mayner and Sergio Avendano to provide verified responses to the interrogatories compliant with Code of Civ. Proc. §§ 2030.210 (a) and 2030.220 without objections by February 16, 2023. The Court grants the motion to compel responses to requests for admission pursuant to Code of Civ. Proc. § 2033.280 and orders Plaintiffs Erin Mayner and Sergio Avendano to provide verified responses to the admissions compliant with Code of Civ. Proc. §§ 2033.210 and 2033.220 without objections by February 16, 2023. 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 Plaintiffs Erin Mayner and Sergio Avendano 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 16, 2023.

Defendant Joseline Nacua requests monetary sanctions totaling $7,680.00

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 $2,280.00, calculated as follows:

Defendant requests $960.00 for each motion, based upon 4.5 hours of attorney’s work at a rate of $200.00 per hour and 1 $60.00 filling fee. Attorney’s work consists of 1 hour drafting, 2 hours replying to any opposition, and 1.5 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 $2,280.00 across all motions, based on 7 hours of attorney’s work and 8 $60.00 filling fees. As there are two Plaintiffs, the Court will split sanctions evenly between both Plaintiffs.

The sanctions against Plaintiff Erin Mayner total $1,140.00 and are playable by Mayner and her counsel by February 26, 2023.

The sanctions against Plaintiff Sergio Avendano total $1,140.00 and are playable by Avendano and his counsel by February 26, 2023.

Moving Party is to give notice of this ruling.