TENTATIVE RULING

Plaintiffs Ricardo Bautista and Leonor Bautista’s Motion to Compel Responses to Form Interrogatories is GRANTED. Defendant FCA US LLC shall serve code-compliant responses to Plaintiffs Ricardo Bautista and Leonor Bautista’s Form Interrogatories – General, Set One, without objections, within thirty (30) days of entry of this order.

Plaintiffs Ricardo Bautista and Leonor Bautista’s Motion to Compel Responses to Special Interrogatories is GRANTED. Defendant FCA US LLC shall serve code-compliant responses to Plaintiffs Ricardo Bautista and Leonor Bautista’s First Set of Special Interrogatories, without objections, within thirty (30) days of entry of this order.

Plaintiffs Ricardo Bautista and Leonor Bautista’s Motion to Compel Responses to Requests for Production of Documents is GRANTED. Defendant FCA US LLC shall serve code-compliant responses to Plaintiffs Ricardo Bautista and Leonor Bautista’s First Set of Requests for Production of Documents, without objections, within thirty (30) days of entry of this order.

Plaintiffs Ricardo Bautista and Leonor Bautista’s Motion for an Order Deeming Admissions Admitted is GRANTED. The matters identified in Plaintiffs Ricardo Bautista and Leonor Bautista’s First Set of Requests for Admission are deemed admitted as of the date of entry of this order.

Plaintiffs Ricardo Bautista and Leonor Bautista’s Request for Monetary Sanctions is GRANTED in the reduced amount of $2,940, payable by Defendant FCA US LLC and defense counsel to Plaintiffs Ricardo Bautista and Leonor Bautista and Plaintiffs’ counsel within thirty (30) days of entry of this order.

Plaintiffs Ricardo Bautista and Leonor Bautista to give notice. 

REASONING

Plaintiffs Ricardo Bautista and Leonor Bautista (“Plaintiffs”) served Defendant FCA US LLC (“Defendant”) with their Form Interrogatories – General, Set One, First Set of Special Interrogatories, First Set of Requests for Production of Documents, and First Set of Requests for Admission on November 6, 2024. (Mots., Lopez Decls. ¶ 3.) To date, no responses have been received. (Mots., Lopez Decls. ¶ 6.)

Accordingly, Plaintiffs Ricardo Bautista and Leonor Bautista’s Motion to Compel Responses to Form Interrogatories is GRANTED, Plaintiffs Ricardo Bautista and Leonor Bautista’s Motion to Compel Responses to Special Interrogatories is GRANTED, Plaintiffs Ricardo Bautista and Leonor Bautista’s Motion to Compel Responses to Requests for Production of Documents is GRANTED, and Plaintiffs Ricardo Bautista and Leonor Bautista’s Motion for an Order Deeming Admissions Admitted is GRANTED. Defendant FCA US LLC shall serve code-compliant responses to Plaintiffs Ricardo Bautista and Leonor Bautista’s Form Interrogatories – General, Set One, First Set of Special Interrogatories, and First Set of Requests for Production of Documents, without objections, within thirty (30) days of entry of this order. The matters identified in Plaintiffs Ricardo Bautista and Leonor Bautista’s First Set of Requests for Admission are deemed admitted as of the date of entry of this order.

If a motion to compel responses to interrogatories or requests for production is filed, the Court may impose a monetary sanction against the losing party “unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.” (Code Civ. Proc., §§ 2030.290, subd. (c); 2031.300, subd. (c).) If a motion to have requests for admission deemed admitted is filed, “[i]t 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.” (Code Civ. Proc., § 2033.280, subd. (c).) Further, “[t]he court may award sanctions under the Discovery Act in favor of a party who files a motion to compel discovery, even though no opposition to the motion was filed, or opposition to the motion was withdrawn, or the requested discovery was provided to the moving party after the motion was filed.” (Cal. Rules of Court, rule 3.1348(a).)

Plaintiffs request $9,106.50 in monetary sanctions for the four motions. The Court finds that monetary sanctions are proper, but the Court reduces the amount to $2,940, representing two hours spent preparing each motion and one hour spent appearing at the hearing on the motions, totaling nine hours at the rate of $300 per hour, as the motions were not particularly complex, as well as four filing fees of $60 each. Thus, Plaintiffs Ricardo Bautista and Leonor Bautista’s Request for Monetary Sanctions is GRANTED in the reduced amount of $2,940, payable by Defendant FCA US LLC and defense counsel to Plaintiffs Ricardo Bautista and Leonor Bautista and Plaintiffs’ counsel within thirty (30) days of entry of this order.