Judge: John J. Kralik, Case: 23BBCV02709, Date: 2024-07-19 Tentative Ruling
Case Number: 23BBCV02709 Hearing Date: July 19, 2024 Dept: NCB
North
Central District
|
stars
restoration enterprises, inc. dba servpro of monrovia, Plaintiff, v. isabel ducharme, et al., Defendants. |
Case
No.: 23BBCV02709 Hearing Date: July 19, 2024 [TENTATIVE]
order RE: motions for an order that the truth of any matters specified in
Plaintiff’s requests for admission, set one be deemed admitted |
There are two
motions on calendar. On June 6, 2024,
Plaintiff Stars Restoration Enterprises, Inc. dba Servpro of Monrovia
(“Plaintiff”) filed a motion for order deeming Requests for Admissions (“RFA”),
set one, admitted against Defendant Isabel Ducharme (“Defendant”). On June 11, 2024, Plaintiff filed another motion
for order deeming RFA, set one, admitted against Defendant. It appears that the motions were filed twice.
On March 21,
2024, Plaintiff served on Defendant the RFA requests, such that responses were
due by April 25, 2024. As of the filing
of the motions, Plaintiff states that it has not received responses from Defendant.
Plaintiff’s unopposed motions for an order
deeming the RFAs admitted is granted, pursuant to CCP § 2033.280.
Plaintiff requests
sanctions against Defendant in the amount of $1,279.15 (= $300/hour x 3 hours
spent on the motion and 1 anticipated hour for the hearing, plus $79.15 in
filing fees). The request is granted in
the reasonable sum of $500, plus $79.15 in filing fees. The Court will award sanctions once as it
appears that the two motions against Defendant are identical. Defendant is
ordered to pay monetary sanctions in the amount of $579.15 to Plaintiff, by and
through counsel, within 20 days of notice of this order.
Plaintiff shall provide
notice of this order.
DATED: July 19, 2024 ___________________________
John
J. Kralik
Judge
of the Superior Court