Judge: Daniel M. Crowley, Case: 21STCV35740, Date: 2023-03-13 Tentative Ruling

Case Number: 21STCV35740    Hearing Date: March 13, 2023    Dept: 28

Case Name: Victor
R. Lopez v. 1000 Palms Associates Group, et al.
Hearing Date: March
13, 2023
Case No.: 21STCV35740

Updated Ruling

Ruling on Plaintiff Victor Irene Lopez’s Unopposed Motions
to Compel Responses to Form Interrogatories, Special Interrogatories, Request
for Production, and Request for Admissions.

            Having reviewed Plaintiff Victor Irene Lopez’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 March 10, 2022, Plaintiff Victor Irene Lopez 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 Defendants 1000 Palms
Associates Group and 59th Equity Investors, LLC.

            Responses were due on April 10, 2022. Defendants
1000 Palms Associates Group and 59th Equity Investors, LLC failed to provide timely
responses. Plaintiff Victor Irene Lopez 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 Defendants 1000 Palms Associates Group and 59th Equity
Investors, LLC to provide verified responses to the interrogatories compliant
with Code of Civ. Proc. §§ 2030.210 (a) and 2030.220 without objections by April
12, 2023. The Court grants the motion
to compel responses to requests for admission pursuant to Code of Civ. Proc. §
2033.280 and orders Defendants 1000 Palms Associates Group and 59th
Equity Investors, LLC to provide verified responses to the admissions compliant
with Code of Civ. Proc. §§ 2033.210 and 2033.220 without objections by April 12,
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 Defendants 1000 Palms
Associates Group and 59th Equity Investors, LLC 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 April 12, 2023.

Plaintiff
Victor Irene Lopez requests monetary sanctions totaling $17,280.00

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 $2,730.00, calculated as follows:

Plaintiff
requests $2,160.00 for each motion, based upon 6 hours of attorney’s work at a
rate of $350.00 per hour and 1 $60.00 filling fee. Attorney’s work consists of 4
hours drafting and meeting and conferring, 1 hour 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 $2,730.00 across all motions, based on 9 hours
of attorney’s work, at a reasonable rate of $250.00 per hour, and 8 $60.00
filling fees. As there are two relevant Defendants, the Court will split
sanctions evenly between both Defendants.

The
sanctions against Defendant 1000 Palms Associates Group total
$1,365.00 and are payable by Palms and their counsel by April 12, 2023.

The
sanctions against Defendant 59th Equity Investors, LLC. total
$1,365.00 and are payable by 59th and their counsel by April 12, 2023.

Moving
Party is to give notice of this ruling.