I. MOTION TO COMPEL / DEEM RFAS ADMITTED 

Defendant Trader Joe’s Company (erroneously sued and served as Trader Joe’s East, Inc. and 10850 National Boulevard d.b.a. Trader Joe’s) propounded form interrogatories, set two, and requests for admissions (“RFAs”), set one, on Plaintiff Mandana Mizrahi (“Plaintiff”) on November 3, 2023. As of the date of Trader Joe’s Company filing the instant motion, Plaintiff has not served responses. Trader Joe’s Company therefore seeks an order to compel responses to the outstanding discovery, in addition to deeming its RFAs, set one, to be admitted against Plaintiff. Trader Joe’s Company further requests monetary sanctions.  

Plaintiff opposes the motion, contending responses were served, without objections, on January 10, 2024. Plaintiff’s counsel asserts responses were not timely served because counsel was out of the office at the time, and that there were office and calendaring errors.  

Trader Joe’s Company filed an untimely reply on April 24, 2024. Although late, the Court will consider it. Trader Joe’s Company does not dispute that responses were indeed served, and only argues sanctions. Therefore, the Court finds the motions moot.  (Cal. Code Civ. Proc §2033.280(c); St. Mary v. Superior Court (2014) 223 Cal.App.4th 762, 776.)   

The only remaining issue is sanctions.  

II. MONETARY SANCTIONS 

Where a party fails to provide a timely response to requests for admission, “[i]t is mandatory that the court impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) 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).) Here, it is undisputed that responses were served after the motions had been filed. Plaintiff’s counsel declaration of mistake, inadvertence, or excusable neglect for his office failing to properly calendar and follow office protocols are insufficient grounds to deny the request for monetary sanctions.  

Trader Joe’s Company seeks $1,410 in monetary sanctions against Plaintiff and Plaintiff’s attorney of record for each motion. A court has discretion to award sanctions that are “suitable and necessary to enable the party seeking discovery to obtain the objects of the discovery he seeks” but they should not be punitive in nature or levied for the purposes of punishing an offending party. (Vallbona v. Springer (1996) 43 Cal.App.4th 1525, 1545.). Although the Court will grant sanctions, there is no justification for such a high amount, especially for such simple and straightforward motions.  

Therefore, Trader Joe’s Company is awarded $225 per motion only as attorney’s fees, and two motion filing fees of $60, for a total of $120 as costs.  

Sanctions are sought and imposed against Plaintiff and Plaintiff’s counsel of record, jointly and severally. Plaintiff and/or Plaintiff’s counsel are ordered to pay sanctions to Trader Joe’s Company, by and through counsel of record, in the total amount of $620, within twenty (20) days. 

 Moving party is ordered to give notice.   

PLEASE TAKE NOTICE: