Judge: Monica Bachner, Case: 22STCV08341, Date: 2023-03-13 Tentative Ruling

Case Number: 22STCV08341    Hearing Date: March 13, 2023    Dept: 71

Superior Court of California

County of Los Angeles

DEPARTMENT 71

TENTATIVE RULING

Plaintiff TD Bank, N.A.’s unopposed motion to deem Requests for Admission admitted against Defendant Sergio Villanueva-Arrivillaga is granted. Plaintiff’s unopposed request for monetary sanctions against Defendant and is granted in the reduced amount of $585.00, payable within 15 days.

          Plaintiff TD Bank, N.A., (“TD Bank”) (“Plaintiff”) moves for an order to deem as admitted the truth of the matters specified in Plaintiff’s Requests for Admission served on Defendant Sergio Villanueva-Arrivillaga (“Villanueva-Arrivillaga”) (“Defendant”) on June 13, 2022.  (Notice of Motion, pg. 2.)  Plaintiff also requests an award of monetary sanctions against Defendant in the amount of $810.00 for reasonable expenses and attorneys’ fees associated with the instant motion.  (Notice of Motion, pg. 2.)

Plaintiff submitted evidence that Requests for Admission were served on Defendant on June 13, 2022, due by September 2, 2022.  (Decl. of Chen ¶¶2-3, Exhs. 1-2.)  Defendant did not respond to Plaintiff’s discovery demand.  (Decl. of Chen ¶4.)  Plaintiff filed the instant motion on October 7, 2022.  As of the date of this hearing Defendant has not filed an opposition.

Plaintiff is entitled to orders deeming the truth of matters in Requests for Admission admitted against Defendant.  Plaintiff submitted evidence that it properly propounded the discovery requests on Defendant and the time for a response expired without Plaintiff having received responses, and as such, Plaintiff is entitled to orders deeming the requests for admission admitted. (C.C.P. §2031.300(b).)

Based on the foregoing, Plaintiff’s unopposed motion to deem the Requests for Admission admitted against Defendant is 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 anticipated in appearing for the hearing on the instant case and traveling time.  Reasonable fees do not include travel time. Plaintiff’s motion is unopposed, so anticipated fees for an appearance should be reduced.  (Decl. of Chen ¶5.)  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 the motion is reflects 3.0 hours in preparing the motion at a rate of $150.00 per hour, plus the $60.00 filing fee, plus an additional $75.00 for attending the hearing on the unopposed motion, for a total of $585.00.  (Decl. of Chen ¶5.)

Based on the foregoing, Plaintiff’s unopposed request for monetary sanctions against Defendant is granted in the reduced total amount of $585.00 against Defendant, payable within 15 days.

Dated:  March _____, 2023

Hon. Monica Bachner

Judge of the Superior Court