Judge: Lee W. Tsao, Case: 23NWCV01617, Date: 2024-02-22 Tentative Ruling

Case Number: 23NWCV01617    Hearing Date: April 9, 2024    Dept: C

Jorge Martinez vs Allen Joseph Charbonnet, Sr., et al

Case No.: 23NWCV01617

Hearing Date: April 9, 2024 @ 9:30 AM

#5

Tentative Ruling

Plaintiff Jorge Martinez’s Motion to Have Requests for Admissions (Set One) Deemed Admitted is GRANTED. Sanctions are awarded in the reduced amount of $1,200.00.

Plaintiff to give notice.

This motion is unopposed as of April 3, 2024. 

Background

Plaintiff Jorge Martinez {“Plaintiff”) alleges that on June 9, 2021, he was seated in his wheelchair and entered the crosswalk on Pioneer Boulevard at the onramp to the 91 Freeway. While Plaintiff was in the crosswalk, he was struck by Defendant Allen Joseph Charbonnet who was traveling in a vehicle registered to Defendant the Word of God Ministry (“Defendants”). 

Legal Standard

Pursuant to CCP § 2033.280, if a party to whom requests for admission are directed fails to serve a timely response, the party to whom the requests for admission are directed waives any objection to the requests, including one based on privilege or on the protection for work product. (CCP §2033.280(a).)  The requesting party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction. (CCP §2033.280(b).)  It is mandatory that the court impose a monetary sanction on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion. (CCP §2033.280(c).) 

Discussion

On August 9, 2023, Plaintiff propounded discovery, including Requests for Admissions (Set One) upon Defendant Word of God Ministries. (Freedman Decl., ¶ 3, Ex. 2.) On or about September 8, 2023, counsel for the defendants emailed Plaintiff’s counsel requesting an extension of time to respond to all the outstanding discovery. (Freedman Decl., ¶ 4, Ex. 3.) On October 1, 2023, defense counsel again requested an extension of time to respond to Plaintiff’s discovery and proposed October 13, 2023. On October 2, 2023, Plaintiff’s counsel agreed to an additional extension to October 13, 2023 on condition that code complaint and good faith discovery responses and responsive documents be provided. (Freedman Decl., at ¶ 5, Ex. 4.) Despite further attempts to secure discovery responses, none have been provided as of the date of the filing of this motion. (Freedman Decl., ¶ 11.) 

Plaintiff’s Motion is GRANTED.

Sanctions

Misuse of the discovery process constituting conduct subject to sanctions include “failing to respond or to submit to an authorized method of discovery” and “failing to confer in person, by telephone, or by letter with an opposing party or attorney in a reasonable and good faith attempt to resolve informally any dispute concerning discovery.” (Code Civ. Proc., § 2023.010, subds. (d) and (i).) The court may impose a monetary sanction ordering that one engaging in the misuse of the discovery process, or any attorney advising that conduct, or both pay the reasonable expenses, including attorney's fees, incurred by anyone as a result of that conduct. (Code Civ. Proc., § 2023.030, subd. (a).)

Plaintiff requests sanctions in the amount of $5,156.25 for 2.5 hours drafting and researching the motion, .5 hours preparing the declaration, .25 hours preparing the proposed order, 2 hours reading and replying to any opposition, and 1 hour preparing and attending the hearing at a rate of $825.00 per hour. Given the simplicity of the motion and the lack of opposition, the Court awards sanctions in the reduced amount of $1,200.00.  The Court notes that there are six other discovery motions pending in this action.