Judge: Daniel M. Crowley, Case: 21STCV40424, Date: 2022-12-07 Tentative Ruling

Case Number: 21STCV40424    Hearing Date: December 7, 2022    Dept: 28

Case Name: Melissa Randazzo, et al. v. RFP Red Lobster, LLC
Hearing Date: December 7, 2022
Case No.: 21STCV40424

Ruling on Plaintiff Melissa Randazzo’s Unopposed Motions to Compel Responses to Special Interrogatories and Request for Production, and to Deem Request for Admissions Admitted.

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

            On April 8, 2022, Plaintiff Melissa Randazzo served Special Interrogatories, Set No. One, Request for Production of Documents, Set No. One, and Request for Admissions, Set One, on Defendant RFP Red Lobster, LLC.

            Responses were due on June 10, 2022. Defendant RFP Red Lobster, LLC has failed to provide timely responses. Plaintiff Melissa Randazzo now moves to compel code-compliant responses and deem the requests for admissions admitted.

            The Court grants the motions to compel responses to the special interrogatories pursuant to Code of Civ. Proc. § 2030.290(b) and orders Defendant RFP Red Lobster, LLC to provide verified responses to the interrogatories compliant with Code of Civ. Proc. §§ 2030.210 (a) and 2030.220 without objections by December 17, 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 RFP Red Lobster, 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 December 17, 2022.

Plaintiff Melissa Randazzo requests monetary sanctions totaling $5,580.00.

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 $1,080.00, calculated as follows:

Plaintiff requests sanctions totaling $1,860.00 for each motion, based upon 6 hours of attorney’s work, at a rate of $300.00 per hour, and one $60.00 filling fee. There are 3 hours of attorney’s work drafting the motion, 1 hours to reply to any opposition and 2 hours to appear for the hearing on the motion. The Court notes that this motion is unopposed and is substantially similar to other discovery motion heard previously. The Court awards sanctions totaling $1,080.00, based on 3 hours of attorney’s work.

The sanctions total $1,080.00 and are payable by Defendant RFP Red Lobster, LLC and its counsel by January 5, 2023.

Moving Party is to give notice of this ruling.