Judge: Elaine W. Mandel, Case: 23SMCV00608, Date: 2023-10-24 Tentative Ruling

Case Number: 23SMCV00608    Hearing Date: October 24, 2023    Dept: P

Tentative Ruling

Acevedo v. Herrera, Case No. 23SMCV00608

Hearing Date October 24, 2023

Plaintiff Acevedo’s Motions to Compel Response to Written Discovery, Deem Requests for Admission Admitted and Sanctions (UNOPPOSED)

Plaintiff Acevedo served special and form interrogatories, requests for production of documents and requests for admission on defendant on April 27, 2023. Herrera, in pro per, failed to respond. Acevedo moves to compel responses and to deem the requests admitted. Herrera stated to the court at the prior hearing that she was attempting to get her insurance carrier to step in to represent her, and the lawyer she was speaking to advised her not to respond.

Responses were due within 30 days of service. Cal. Code of Civ. Proc. §§2033.250(a), 2030.260(a), 2031.030(c). Herrera did not respond to any of the requests by the due date of May 27, 2023. Vardanyan decl. ¶3. Plaintiff meets the burden to show Herrera failed to respond to proper discovery. The motions to compel are granted. Additionally, reasonable sanctions are mandatory since Herrera does not oppose the motion and has provided no excuse for her failure to respond.

Acevedo requests $811.65 for each of the four motions, three hours of attorney work at $250/hr. plus filing fees. Cumulatively awarding three hours’ worth of attorney’s fees for each motion would be duplicative and excessive, as the motions were brief and involved no complicated issues. The motion is GRANTED. The issue of sanctions is deferred, pending a decision from the insurance company as to whether defendant will be represented.