Judge: Elaine W. Mandel, Case: 24SMCV02483, Date: 2024-09-03 Tentative Ruling

Case Number: 24SMCV02483    Hearing Date: September 3, 2024    Dept: P

Tentative Ruling

Princess Apts., LLC vs Maryam Arbab, Case No. 24SMCV02483   

Hearing date: September 3, 2024

Plaintiff Princess Apts., LLC’s Motion to Have Matters in Princess Apts., LLC’s Request for Admissions Deemed Admitted; Motion to Compel Responses to Request for Production; Motion to Compel Responses to Interrogatories and Request for Sanctions

Plaintiff landlord Princess Apts. LLC filed this unlawful detainer action for nonpayment of rent. On June 10, 2024 plaintiff served Request for Admissions, Request for Production, Form Interrogatories and Special Interrogatories. As of the date of filing, defendant has not served responses or requests for further extensions, and Princess Apts. moves for an order deeming the requests admitted pursuant to C.C.P. § 2033.280, compelling Maryam’s responses to RFPs, FROGS and SCROGS, and for $2,207.74 in sanctions. No opposition has been filed.

Princess Apts.’ counsel propounded discovery on June 10, 2024 to defense counsel. Nussbaum Decl. ¶2; Exh. A. More than 30 days have elapsed without responses; as of August 14, 2024, Maryam failed to respond. Id. ¶3. Maryam does not file opposition. Based on this, the motions are proper under C.C.P. §§ 2030.290, 2031.300 and 2033.280.

Princess Apts. requests $2,207.74 in sanctions for each of the three motions, for 2.5 hours preparing each motion, 2 hours reviewing opposition, and for the appearance at a rate of $475.00, plus $70.24 for the filing fees. Nussbaum Decl. ¶ 5. The amounts requested are excessive, given the simplicity of the motions and lack of opposition. The court awards four hours total for the preparation and appearance at $475/hour, plus $70.24 for the filing fees payable within 30 days. GRANTED.