Judge: Lisa R. Jaskol, Case: 20STCV27575, Date: 2023-08-11 Tentative Ruling

Case Number: 20STCV27575    Hearing Date: August 11, 2023    Dept: 28

Having reviewed Defendant Tufesa USA, LLC’s unopposed motions to compel responses to form interrogatories, supplemental interrogatories, and request for production of documents, and to deem admitted matters specified in requests for admissions, the Court rules as follows. 

On May 5, 2023, Defendant Tufesa USA, LLC served (1) form interrogatories, set two, (2) supplemental interrogatories, set one, (3) supplemental request for production of documents, set one, and (4) request for admissions, set one, on Plaintiff Luz Maria Herrera. 

Plaintiff Luz Maria Herrera failed to provide timely responses. Defendant Tufesa USA, LLC now moves to compel code-compliant responses and for an order deeming admitted the matters specified in the requests for admissions. 

The Court grants the motions to compel responses to the form and supplemental interrogatories under Code of Civil Procedure section 2030.290, subdivision (b), and orders Plaintiff Luz Maria Herrera to provide verified responses to the interrogatories compliant with Code of Civil Procedure sections 2030.210, subdivision (a), and 2030.220 without objections by September 11, 2023.

The Court grants the motion to deem admitted the matters specified in the requests for admissions under Code of Civil Procedure section 2033.280 and deems the matters specified in the requests for admissions to be admitted. 

The Court grants the motion to compel responses to the request for production and production of items under Code of Civil Procedure section 2031.300 and orders Plaintiff Luz Maria Herrera to provide verified responses under Code of Civil Procedure section 2031.210 and to produce the documents, electronically stored information, and/or other things requested without objections by September 11, 2023. 

Defendant Tufesa USA, LLC filed one motion to compel responses to interrogatories but should have filed two motions, one for the form interrogatories and one for the supplemental interrogatories.  The Court orders Defendant to pay one additional $60.00 filling fee. 

Defendant Tufesa USA, LLC requests monetary sanctions of $1,360.00 for each motion based on 4 hours of attorney’s work at a rate of $325.00 per hour and one $60.00 filling fee. Counsel spent 3.5 hours drafting each motion and anticipated spending 1.5 hours to draft a reply and 1 hour to attend the hearing on the motion. The motions are substantially similar, are unopposed, and are set to be heard concurrently. 

The Court awards sanctions totaling $1,240.00 for all motions, based on 4 hours of attorney’s work at a reasonable rate of $250.00 per hour and 4 $60.00 filling fees under Code of Civil Procedure sections 2023.030, subdivision (a), 2030.290, subdivision (c), 2033.280, subdivision (c), and 2031.300, subdivision (c). Plaintiff Luz Maria Herrera and her counsel are ordered to pay $1,240.00 in sanctions to Defendant Tufesa USA, LLC by September 11, 2023. 

Moving party is ordered to give notice of this ruling.