Judge: Daniel M. Crowley, Case: 22STCV02674, Date: 2023-03-06 Tentative Ruling

Case Number: 22STCV02674    Hearing Date: March 6, 2023    Dept: 28

Ruling on Defendant Hughes Markets, Inc.’s Unopposed Motions to Compel Responses to Form Interrogatories and to Deem Request for Admissions Admitted.

            Having reviewed Defendant Hughes Markets, Inc.’s unopposed Motions to Compel Responses to Form Interrogatories and to Deem Request for Admissions Admitted, the Court rules as follows.

On August 22, 2022, Defendant Hughes Markets, Inc. served Request for Admissions, Set One, and Form Interrogatories, Set Two, on Plaintiff Derek Zupancic.

            Responses were due on October 17, 2022. Plaintiff Derek Zupancic has failed to provide timely responses. Defendant Hughes Markets, Inc. 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 Plaintiff Derek Zupancic to provide verified responses to the interrogatories compliant with Code of Civ. Proc. §§ 2030.210 (a) and 2030.220 without objections by April 5, 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.

Defendant Hughes Markets, Inc. request monetary sanctions totaling $1,965.00.   

The Court awards sanctions pursuant to Code of Civ. Proc. § 2023.030 (a), Code of Civ. Proc. § 2030.290 (c) and Code of Civ. Proc. § 2033.280 (c) in the amount of $735.00, calculated as follows:

Defendant requests $982.50 for each motion, based upon 4.5 hours of attorney’s work at a rate of $205.00 per hour and one $60.00 filling fee. Work is based on 2.5 hours of drafting the motion and 2 hours reviewing the opposition and attending the hearing on the motion. The Court notes the motions are substantially similar, unopposed and will be heard concurrently. The Court awards sanctions totaling $735.00 across both motions, based on 3 hours of attorney’s work.

The sanctions total $735.00 and are payable by Plaintiff Derek Zupancic and his counsel by April 5, 2023.

Moving Party is to give notice of this ruling.