Judge: Mark C. Kim, Case: 23LBCV00262, Date: 2023-04-20 Tentative Ruling

Case Number: 23LBCV00262    Hearing Date: April 20, 2023    Dept: S27

1.     Background Facts

Plaintiff, SJI Group, LLC filed this action against Defendants, Geoffrey Patten and Rhett Matthew Drissel on 2/08/23.  The complaint is for unlawful detainer and seeks possession, past-due rent of $26,000, ongoing damages, attorneys’ fees, and prejudgment interest. 

Patten, in pro per, filed an answer on 2/28/23.  Drissel, also in pro per, filed an answer the same day. 

2.     Ex Parte Application

On 3/20/23, Plaintiff filed motions to compel Patton and Drissel to respond to RPDs and to FROGs, and also to deem RFAs admitted, setting the matters for hearing on 5/09/23.  On 4/10/23, Plaintiff filed an ex parte application to advance the hearing on the motions.  On 4/12/23, the Court granted the motions, setting them for hearing on 4/20/23.  The Court did not specify a due date for any opposition papers. 

3.     Motions to Compel

Plaintiff moves to compel Defendants to serve responses, without objections, to RPDs and FROGs.  Plaintiff also seeks an order deeming RFAs admitted.  Plaintiff propounded the subject discovery on 3/03/23.  Because this is a UD action, responses were due in ten days, on or before 3/13/23.  Plaintiff’s attorney declares Defendants failed to timely respond. 

The motions to compel are unopposed and granted.  CCP §§2030.290(a), (b), 2031.300(a), (b).  Defendants are ordered to serve responses to RPDs and FROGs, without objections, within five days.  The motion to deem RFAs admitted is also granted.  CCP §2033.280(a), (b).  The RFAs are deemed admitted.

Sanctions are mandatory in connection with the motions to compel responses to RPDs and FROGs unless Defendants show good cause or substantial justification for failing to timely respond.  §§2030.290(c), 2031.300(c).  Sanctions are absolutely mandatory in connection with the motion to deem RFAs admitted.  §2033.280(c).  Plaintiff seeks sanctions in the amount of $910/motion.  Counsel bills at the reasonable rate of $425/hour.  The Court awards the requested .8 hours to draft each motion.  No opposition was filed and therefore no time for review is necessary.  The Court awards a total of one hour to appear at the hearing.  The Court therefore awards a total of 3.4 hours at the rate of $425/hour, or $1445 in attorneys’ fees.  The Court also awards the requested filing fees of $60 each, or $180 in costs.

The total amount of sanctions is $1625.  The Court orders each of the two defendants to pay ½ of the sanctions, or $812.50.  Defendants must pay the awarded sanctions to Plaintiff, by and through its attorneys of record, within twenty days. 

4.     Trial Setting Conference

The parties are reminded that there is a TSC on calendar concurrently with the hearing on the above motions.  The Court asks the parties to make arrangements to appear remotely at the TSC and hearing on the motions.