Judge Peter A. Hernandez, Case Number: 20PSCV00463, Date: 2023-08-03 Tentative Ruling

1. Defendant San Gabriel Valley Conservation and Services Corps.’ Motion to Deem Facts Admitted is GRANTED. Pursuant to Code of Civil Procedure § 2033.280, subdivision (b), the court orders that the truth of all matters specified in SGVCSC’s Requests for Admissions, Set No. One, propounded on Daniel Oaxaca deemed admitted. Sanctions are imposed against Daniel Oaxaca in the reduced amount of $500.00 and are payable within 30 days from the date of the notice of ruling.

2. Defendant San Gabriel Valley Conservation and Services Corps.’ Motion to Compel Responses to Special Interrogatories, Set No. One is GRANTED. Daniel Oaxaca is to provide verified responses, without objections, to SGVCSC’s Special Interrogatories, Set No. One, within 20 days from the date of the notice of ruling. Counsel for SGVCSC is ordered to pay an additional $60.00 filing fee at or before the time of the hearing.

Plaintiffs Daniel Oaxaca (“Daniel”) and Judy Oaxaca (“Judy”) (together, “Plaintiffs”) allege as follows:

Daniel is the founder and now former member of the Board of Directors (“Board”) and Executive Director of San Gabriel Valley Conservation and Services Corps. (“SGVCSC”). Prior to May 31, 2019 and while acting as a member of the Board and as Executive Director of SGVCSC, Daniel presented to the Board a proposal to obtain a line of credit from Chino Commercial Bank (“CCB”) up to the principal amount of $225,000.00, which Board approved.

On May 31, 2019, SGVCSC executed and delivered a promissory note (“Note”) to CCB, whereby SGVCSC was approved for a business line of credit up to the principal amount of $225,000.00. As a condition to granting the line of credit and as presented to the Board, Judy granted CCB a security interest in a Certificate of Deposit she maintained at CCB. On November 19, 2019, SGVCSC executed and delivered a Change in Terms Agreement (“Agreement”), wherein the credit line granted pursuant to the Note was increased to the principal amount of $285,000.00. Per the terms of the Note and Agreement, SGVCSC agreed to make repayment on or before June 1, 2020. On July 13, 2020, Plaintiffs and CCB entered into an Assignment and Acceptance Agreement wherein CCB agreed, in exchange for payment of $287,666.33, to assign its interest in the Note and Agreement to Plaintiffs. SGVCSC has failed to make payment.

On July 17, 2020, Plaintiffs filed a complaint, asserting causes of action against SGVCSC, Norma Quinones, Mario Rodriguez, Monique Manzanares and Does 1-20 for:

On October 26, 2020, SGVCSC filed a cross-complaint, asserting causes of action against Plaintiffs and Roes 1-100 for:

The Final Status Conference is set for November 21, 2023. Trial is set for December 5, 2023.

A response to requests for admission is due 30 days after service. (Code Civ. Proc., §

2033.250, subd. (a).) “If a party to whom requests for admission are directed fails to serve a

timely response, . . .[t]he requesting party may move for an order that the genuineness of any

documents and the truth of any matters specified in the requests be deemed admitted. . .” (Code

Civ. Proc., § 2033.280, subd. (b).) “The court shall make this order, unless it finds that the party

to whom the requests for admission have been directed has served, before the hearing on the

motion, a proposed response to the requests for admission that is in substantial compliance with

“It is mandatory that the court impose a monetary sanction . . . on the party or attorney, or both,

whose failure to serve a timely response to requests for admission necessitated this motion.”

SGVCSC moves the court for an order that matters in SGVCSC’s Requests for Admission, Set

No. One, be deemed admitted against Daniel. SGVCSC also seeks sanctions against Daniel in

SGVCSC served the subject discovery on December 5, 2022. (Amster Decl., 5:10-13; Exh. A.) No responses were received. (Id., 5:13). On February 24, 2023, Amster sent Plaintiff’s counsel Michael Cisneros (“Cisneros”) a letter, requesting responses within 5 business days. (Id., 5:14-16, Exh. B). On February 24, 2023 and May 15, 2023, Cisneros advised that responses were forthcoming. (Id., 5:17-19, Exh. C.) No other communications have been received, nor have responses been received, as of the filing date of the motion. (Id., 5:19-20).

The unopposed motion is unopposed. The motion is granted. Pursuant to Code of Civil Procedure § 2033.280, subdivision (b), the court orders that the truth of all matters specified in SGVCSC’s Requests for Admissions, Set No. One, propounded on Daniel deemed admitted.

SGVCSC seeks sanctions against Daniel in the amount of $1,500.00 [calculated as follows: 3 hours preparing motion at $500.00/hour].

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 work performed in connection with the pending motion is $500.00 (i.e., 1.5 hours at $350.00/hour). Sanctions are payable within 30 days from the date of the notice of ruling.

A response to interrogatories is due 30 days after service. (Code Civ. Proc., § 2030.260, subd.

(a).) “If a party to whom interrogatories are directed fails to serve a timely response, . . . [t]he

party propounding the interrogatories may move for an order compelling response to the

“The court shall impose a monetary sanction . . . against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a response to interrogatories, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust . . .” (Code Civ. Proc., § 2030.290, subd. (c).)

SGVCSC moves the court for an order compelling Daniel to serve responses to SGVCSC’s Special Interrogatories, Set No. One.

At the outset, the court notes that counsel for SGVCSC obtained only one reservation (i.e., No. 179440508522) for both the above motion and the instant motion and paid only one filing fee. Counsel for SGVCSC is ordered to pay an additional $60.00 filing fee at or before the time of the hearing.

The unopposed motion is granted. Daniel is to provide verified responses, without objections, to SGVCSC’s Special Interrogatories, Set No. One, within 20 days from the date of the notice of ruling.

[1] Amster advises that he attempted to attach a copy of the subject discovery with the motion but that “the document has been rejected with it as an exhibit.” (Amster Decl., 5:10-13) Amster advises that he will provide the court with a copy of the subject discovery at the time of the hearing.