Judge: Monica Bachner, Case: 21STCV22000, Date: 2022-09-14 Tentative Ruling

Case Number: 21STCV22000    Hearing Date: September 14, 2022    Dept: 71

Superior Court of California

County of Los Angeles

DEPARTMENT 71

TENTATIVE RULING

Plaintiff KMI Group, Inc.’s unopposed motion to deem Requests for Admission (Set One) admitted against Defendant Donald Demery Diaz is granted. Plaintiff’s unopposed request for monetary sanctions against Diaz and his counsel is granted in the reduced amount of $410.00, payable within 15 days.

Plaintiff’s unopposed motion to deem Requests for Admission (Set One) admitted against Defendant Postd Merchant Banque, Inc. is granted. Plaintiff’s unopposed request for monetary sanctions against Postd and its counsel is granted in the reduced amount of $410.00, payable within 15 days.

Plaintiff’s unopposed motion to deem Requests for Admission (Set One) admitted against Defendant Richard Scott Dvorak is granted. Plaintiff’s unopposed request for monetary sanctions against Dvorak and his counsel is granted in the reduced amount of $410.00, payable within 15 days.

Plaintiff’s unopposed motion to deem Requests for Admission (Set One) admitted against Defendant Coleman Ferguson is granted. Plaintiff’s unopposed request for monetary sanctions against Ferguson and his counsel is granted in the reduced amount of $410.00, payable within 15 days.

Plaintiff’s unopposed motion to deem Requests for Admission (Set One) admitted against Defendant Sonia Kumar is granted. Plaintiff’s unopposed request for monetary sanctions against Kumar and her counsel is granted in the reduced amount of $410.00, payable within 15 days.

Plaintiff’s unopposed motion to deem Requests for Admission (Set One) admitted against Defendant GEC Explorations, Inc., is granted. Plaintiff’s unopposed request for monetary sanctions against GEC and its counsel is granted in the reduced amount of $410.00, payable within 15 days.

          Plaintiff KMI Group, Inc., (“KMI”) (“Plaintiff”) moves to compel Defendants Donald Demery Diaz (“Diaz”), Postd Merchant Banq, Inc. (“Postd”), Richard Scott Dvorak (“Dvorak”), Coleman Ferguson (“Ferguson”), Sonia Kumar (“Kumar”), and GEC Explorations, Inc. (“GEC”), (collectively, “Defendants”) to deem admitted the truth of matters in Requests for Admission (Set One).  (Notices of Motion, pg. 2.)  Plaintiff also requests awards of monetary sanctions against each Defendant and its counsel in the amount of $1,560.00 per Defendant for a total sanction request of $9,360.00 against Defendants. (Notices of Motions, pg. 2.)

Plaintiff submitted evidence that Requests for Admission were served on Defendants on May 26, 2022, due by July 1, 2022.  (Decl. of Maleki ¶¶2–3, Exhs. 4–5.)  Defendants did not respond to Plaintiff’s discovery demands and did not respond to Plaintiff’s attempts to meet and confer by email or phone.  (Decl. of Maleki ¶¶4–5.)  On August 22, 2022, the Court granted Plaintiff’s request to vacate the hearings on its Motions to Compel responses to demands for protection, special interrogatories, and form interrogatories, set in March 2023.  The Court also granted Plaintiff’s request to advance the hearing on the six motions to deem admitted Requests for Admission to September 14, 2022.  (8/22/22 Minute Order.)

Plaintiff is entitled to orders deeming the truth of matters in Requests for Admission (Set One) admitted against Defendants.  Plaintiff submitted evidence that they properly propounded the discovery requests on Defendants and the time for a response expired without Plaintiffs having received responses, and as such, Plaintiff is entitled to orders deeming the requests for admission admitted. (C.C.P. §2031.300(b).)  Defendants have not filed oppositions to the motion.

Based on the foregoing, Plaintiff’s unopposed motions to deem the Requests for Admission (Set One) admitted against Defendants are granted. 

          Request for Sanctions

Plaintiff is entitled to monetary sanctions for reasonable attorneys’ fees incurred in connection with bringing the instant motion.  (C.C.P. §2031.300(c).)  The Court notes Plaintiff’s attorneys’ fees request includes hours incurred in drafting the discovery requests themselves and anticipated in reviewing the opposition and preparing a reply; however, Plaintiff’s motion is unopposed, so anticipated fees for drafting a reply are not recoverable.  (Decl. of Maleki ¶¶10–11.)  Utilizing a lodestar approach, and in view of the totality of the circumstances, the Court finds that the total and reasonable amount of attorney’s fees and costs incurred for each motion is $410.00, reflecting 0.5 hours in preparing each motion at a rate of $600 per hour, plus the $60.00 filing fee, plus an additional $50 for each defendant (As Plaintiff will attend one hearing on all Defendants, Plaintiff is entitled to attorney’s fees for 0.5 hours, for a collective fee of $300.00, divided among the Defendants at $50.00 per Defendant.  (Decl. of Maleki ¶¶7–12.)

Based on the foregoing, Plaintiff’s unopposed requests for monetary sanctions against Defendants and their attorneys of record is granted in the reduced total amount of $410.00 per Defendant, against each Defendant and their counsel, payable within 15 days.

Dated:  September _____, 2022

Hon. Monica Bachner

Judge of the Superior Court