Judge: David A. Hoffer, Case: 30-2021-1195670, Date: 2022-09-19 Tentative Ruling

Plaintiff Cue Industries, LLC’s (“Plaintiff”) Motion to Deem the Truth of Matters and Genuineness of Documents (“Motion”) is DENIED in part and GRANTED in part.

Plaintiff served Requests for Admission, Set One (“RFA”), (among other written discovery requests) on defendant ARC, LLC (“ARC”).  Though ARC failed to timely serve responses, thus waiving any objections and necessitating the present Motion (Civ. Proc. Code § 2033.280(a)), ARC did serve responses prior to the original hearing date on 07/25/22. 

Though the responses were almost entirely denials due to lack of information, the responses complied with Civ. Proc. Code § 2033.220(c).  Thus, the court is unable to deem the RFA as admitted.  (Civ. Proc. Code § 2033.280(c).)  The court also may not order ARC to serve further responses to the RFA at this time as that is not the subject of the present Motion.

Thus, the Motion is denied as to deeming the RFA as admitted.

As the Motion was required and as the RFA were late served just prior to the hearing date, the court must levy monetary sanctions pursuant to Civ. Proc. Code § 2033.280(c).  In reviewing the hours and billing rates alleged by Plaintiff’s counsel, the court finds the $400 per hour billing rate more or less reasonable, but finds the number of hours expended a little high and counsel’s math a bit off.  The Motion indicated counsel spent four hours at $400, which would be $1,600 and not the $3,600 requested.  The additional five hours on the reply is also a little high.  The court therefore awards monetary sanction in favor of Plaintiff and against ARC alone in the amount of:

$400/hr. x 7 hours + $60 filing fee = $2,860.

The monetary sanctions are payable within 60-days of written notice of the court’s ruling.

Plaintiff is ordered to give notice.