Judge: Joseph Lipner, Case: 22STCV27810, Date: 2023-08-24 Tentative Ruling
Case Number: 22STCV27810 Hearing Date: August 24, 2023 Dept: 72
#5
8/24/2022
Case
No.: 22STCV27810
Name: Castro v. Hernandez Carpet Brokers
Plaintiff Nicolas Castro (hereafter
“Plaintiff”) has moved to have the first set of requests for admission served
to Defendant Hernandez Carpet Brokers, Inc. and the first set of requests for
admission Defendant Jobsource Downey (collectively, “Defendants”) deemed
admitted. Plaintiff also seeks monetary
sanctions against each of the Defendants.
Defendants have failed to oppose the motions.
The Court grants the motion in
full. The Court deems both sets of
requests for admission served by Plaintiff admitted. The Court grants Plaintiff’s request for award
of monetary sanctions against Defendant Hernandez Carpet Brokers, Inc. in the
amount of $4,110.00, payable within 30 days.
The Court grants Plaintiff’s request for award of monetary sanctions
against Defendant Jobsource Downey in the amount of $3,097.50, payable within
30 days.
BACKGROUND
On August 25, 2022, Plaintiff
Nicolas Castro (hereafter “Plaintiff”) filed a Complaint for Damages against
Defendant Hernandez Carpet Brokers, Inc., a California Corporation; Jobsource
Downey, a California Corporation; and DOES 1 through 25, inclusive
(collectively “Defendants”). The Complaint asserts the following causes of
action:
(1) Age Discrimination in Violation
of Gov’t Code § 12940 et seq.
(2) Retaliation in Violation of
Gov’t Code § 12940(h)
(3) Failure to Prevent
Discrimination and Retaliation – Gov’t Code § 12940 et seq.
(4) Retaliation in Violation of
Labor Code § 1102.5 et seq.
(5) Failure to Provide Meal Periods
– Labor Code §§ 226.7 and 512
(6) Failure to Provide Rest Periods
– Labor Code §§ 226.7
(7) Unfair Business Practices –
Bus. & Prof. Code § 17200
On October 28, 2022, Defendant
Hernandez Carpet Brokers, Inc. filed a Response to Plaintiff’s Unverified
Complaint.
On June 14, 2023, Plaintiff filed a
Notice of Motion and Motion to Deem the Matters in Requests for Admission, Set
One Admitted, Nos. 1 through 10 to Defendant Hernandez Carpet Brokers, Inc. as
Admitted; Request for Monetary Sanctions; Memorandum of Points and Authorities;
and Declaration of Pouya Chami in Support Thereof.
On June 14, 2023, Plaintiff filed a
Notice of Motion and Motion to Deem the Matters in Requests for Admission, Set
One Admitted, Nos. 1 through 11 to Defendant Jobsource Downey as Admitted;
Request for Monetary Sanctions; Memorandum of Points and Authorities; and
Declaration of Pouya Chami in Support Thereof.
MOVING PARTY POSITION
Motion
Against Defendant Hernandez Carpet Brokers, Inc.
Plaintiff moves for an order
deeming the matters specified in Request for Admissions, Set. No. One, Numbers
1 through 10 served on Defendant Hernandez Carpet Brokers, Inc. on April 6, 2023
admitted. This Motion is being made on the basis that Defendant Hernandez
Carpet Brokers, Inc. has failed to respond to any written discovery by the
statutory deadline and has ignored Plaintiff’s efforts to gather discovery
without motion practice. See Code of Civ. Pro. §§ 2023.010(d),
2023.030(a), and 2033.280.
Furthermore,
Plaintiff requests that the Court award monetary sanctions against Defendant
Hernandez Carpet Brokers, Inc. and its counsel of record, Law Offices of A.
Kouroshnia, APC in the amount of $4,110.00.
Motion
Against Defendant Jobsource Downey
Plaintiff moves for an order
deeming the matters specified in Request for Admissions, Set. No. One, Numbers
1 through 11 served on Defendant Jobsource Downey on April 6, 2023 admitted. This
Motion is being made on the basis that Defendant Jobsource Downey has failed to
respond to any written discovery by the statutory deadline and has ignored
Plaintiff’s efforts to gather discovery without motion practice. See
Code of Civ. Pro. §§ 2023.010(d), 2023.030(a), and 2033.280.
Furthermore, Plaintiff requests
that the Court award monetary sanctions against Defendant Jobsource Downey and
its counsel of record, Law Offices of A. Kouroshnia, APC in the amount of
$3,097.50.
The motions are unopposed.
ANALYSIS
I. Request for Admissions
“Any party may obtain discovery . .
. by a written request that any other party to the action admit the genuineness
of specified documents, or the truth of specified matters of fact, opinion
relating to fact, or application of law to fact. A request for admission may relate
to a matter that is in controversy between the parties.” CCP §
2033.010. “Within 30 days after service of requests for admission, the
party to whom the requests are directed shall serve the original of the
response to them on the requesting party, and a copy of the response on all
other parties who have appeared . . . .” CCP § 2033.250(a).
If a party to whom request for
admissions are served fails to provide a timely response, the party to whom the
request was directed waives any objections, including based on privilege or the
work product doctrine. CCP § 2033.280(a). The requesting party can move for an
order that the genuineness of any documents and the truth of any matters
specified in the request be deemed admitted, as well as for monetary sanctions.
CCP § 2033.280(b). The court shall issue this order unless the party to whom
the request was made serves a response in substantial compliance prior to the
hearing on the motion. CCP § 2033.280(c).
Here, Plaintiff filed a Motion to
Deem Requests for Admission Admitted on the basis that Defendant Hernandez
Carpet Brokers, Inc. was served with the Requests for Admission, Set One,
Numbers 1 through 10 on April 6, 2023 via electronic service. On the same day, Defendant
Jobsource Downey was served with the Requests for Admission, Set One, Numbers 1
through 11 via electronic service. Defendants had until May 10, 2023 to serve
their responses to Plaintiff pursuant to CCP § 2033.250(a).
The requests were served upon the
Defendants, the time to respond has expired, and the Defendants have not filed
any responses. (Leach v. Superior Court (1980) 111 Cal.App.3d 902,
905-06.) Therefore, Plaintiff can move for an order to deem the requests for
admissions admitted under CCP § 2033.280(b).
Accordingly, Plaintiff’s
request to deem as admitted RFAs Set One, Numbers 1 through 10 to Defendant Hernandez Carpet Brokers Inc. and
Numbers 1 through 11 to Defendant Jobsource Downey are GRANTED.
A. Sanctions
Sanctions are mandatory against
the party, the attorney, or both whose failure to serve a timely response to
the request necessitated the motion to deem request for admissions as admitted.
CCP § 2033.280(c); see also Cal. Rules of Court R. 3.1348(a) (the court can
award sanctions under the Discovery Act in favor of a party seeking to compel
discovery even though no opposition was filed, the opposition was withdrawn, or
the requested discovery was provided to the moving party after the motion was
filed).
Plaintiff’s moving papers request sanctions
against (1) Defendant Hernandez Carpet Brokers, Inc. and its counsel of record,
Law Offices of A. Kouroshnia, APC in the amount of $4,110.00; and (2) Defendant
Jobsource Downey and its counsel of record, Law Offices of A. Kouroshnia, APC
in the amount of $3,097.50.
The request for sanctions against
Defendant Hernandez Carpet Brokers, Inc. and its counsel of record, Law Offices
of A. Kouroshnia, APC are based upon the expenses Plaintiff has incurred in
attorneys’ fees in bringing this motion: (1) 3.0 hours drafting this motion,
declaration, and making revisions before submitting it for filing; (2) 1.5
hours drafting a reply in anticipation of any Opposition; (3) 1.5 hours
preparing for and attending the hearing on this matter; and (4) $60.00 filing
fee for this motion for a total of 6.0 hours. Plaintiff’s counsel hourly fee is
$675.00 per hour: 6.0 hours x $675.00 = $4,050.00 + $60.00 filing fee, for a
total of $4,110.00. (Declaration of Pouya B. Chami, Esq. to Defendant Hernandez
Carpet Brokers Inc. at ¶¶ 8-9.)
The request for sanctions against
Defendant Jobsource Downey and its counsel of record, Law Offices of A.
Kouroshnia, APC are based upon the expenses Plaintiff has incurred in
attorneys’ fees in bringing this motion: (1) 2.0 hours drafting this motion,
declaration, and making revisions before submitting it for filing; (2) 1.0 hour
drafting a reply in anticipation of any Opposition; (3) 1.5 hours preparing for
and attending the hearing on this matter; and (4) $60.00 filing fee for this
motion for a total of 4.5 hours. Plaintiff’s counsel hourly fee is $675.00 per
hour: 4.5 hours x $675.00 = $3,037.50 + $60.00 filing fee, for a total of $3,097.50.
(Declaration of Pouya B. Chami, Esq. to Defendant Jobsource Downey at ¶¶ 9-10.)
Here, Plaintiff filed a Motion to
Deem Requests for Admissions Admitted due to the Defendants’ failures to serve
responses to the requests. The motions are unopposed.
Nonetheless,
sanctions for failing to timely respond to a request for admission are
mandatory under CCP § 2033.280(c). The
Court in its discretion orders sanctions against the Defendants but not against
their counsel.
Accordingly, Plaintiff’s
request for sanctions against Defendant Hernandez Carpet Brokers, Inc. is
GRANTED in the amount of $4,110.00.
Plaintiff’s request
for sanctions against Defendant Jobsource Downey is GRANTED in the amount of
$3,097.50.
Sanctions are
payable within 30 days of service of this order.