Judge: Elaine W. Mandel, Case: 22SMCV00164, Date: 2024-11-18 Tentative Ruling

Case Number: 22SMCV00164    Hearing Date: November 18, 2024    Dept: P

Tentative Ruling

Galleon Technology, Inc. v. Electronics Design, LLC, Case no. 22SMCV00164

Hearing date November 18, 2024

Plaintiff’s Motion to Deem Requests for Admissions Admitted

Plaintiff Galleon Technology, Inc. dba Shippabo (“Galleon”) sues defendants Electronics Design, LLC (“E-Design”) and Arash Shamoeil for breach of quasi- and implied-in-fact contract. Defendant E-Design cross-complained for conversion and interference with economic advantage against Galleon. Galleon moved 9/30/24 for terminating sanctions, striking defendants’ answer to the SAC, entering default against defendants as to the SAC, and dismissing E-Design’s cross complaint. In the alternative, Galleon moved for issue, evidentiary and monetary sanctions. The court denied Galleon’s motion for terminating sanctions but granted the alternative motions for evidentiary and monetary sanctions. Min. Order 10/28/24. Galleon moved 10/14/24 to deem RFAs admitted. No opposition was filed.

When a party fails to timely respond to written discovery requests, including interrogatories and requests for production of documents, propounding party can move for an order compelling a response without objections. Code of Civ. Proc. §2023.290. If a party fails to serve timely responses to requests for admission, the requesting party can move for an order deeming the truth of any matter specified in the requests admitted. Code of Civ. Proc. §2033.280.

Defendants failed to respond to plaintiff’s request for admission, set one, due 9/30/24. Decl. Suh paras. 3-4.

There is no opposition to the motion.

Plaintiff’s counsel spent 3 hours on the motion at $450/hour. Decl. Suh paras. 12-13. Counsel anticipates spending 2 hours reviewing any opposition papers and 1 hour preparing, traveling to and attending the hearing. Decl. Suh para. 13. The filing fee for this motion is $14.70 with $61.65 in reservation costs and $200 in courtesy copy fees. Decl. Suh para. 14.

As there was no opposition, 2 hours to review the opposition and appear is not appropriate. The court awards 4 hours at $450/hour plus $276.35 in costs. GRANTED. Sanctions payable within 30 days.