Judge: Robert B. Broadbelt, Case: 19STCV13450, Date: 2022-08-09 Tentative Ruling

Tentative rulings are sometimes, but not always, posted. The purpose of posting a tentative ruling is to to help focus the argument. The posting of a tentative ruling is not an invitation for the filing of additional papers shortly before the hearing.

Case Number: 19STCV13450    Hearing Date: August 9, 2022    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                Plaintiff Ivan Mendoza

RESPONDING PARTY:       Unopposed

(1)   Motion to Deem Requests for Admission Admitted

MOVING PARTY:                Plaintiff Ivan Mendoza

RESPONDING PARTY:       Unopposed

(2)   Motion to Compel Responses to Special Interrogatories

MOVING PARTY:                Plaintiff Ivan Mendoza

RESPONDING PARTY:       Unopposed

(3)   Motion to Compel Responses to Requests for Production of Documents  

The court considered the moving papers filed in connection with each motion.  No opposition papers were filed.

DISCUSSION

Plaintiff Ivan Mendoza (“Plaintiff”) served his Requests for Admissions (Set One) on defendant Soon Pill Kim (“Defendant”) on October 8, 2020.  (Moorhead Decl., ¶ 4.)  Defendant did not serve responses to Plaintiff’s Requests for Admissions.  (Moorhead Decl., ¶ 5.)

If a party to whom requests for admissions are directed fails to serve a timely response, the court must, upon motion by the propounding party, order the matters specified in the requests be deemed admitted unless the court finds that the party to whom the requests for admission have been directed has served substantially compliant responses before the hearing on the motion.  (Code Civ. Proc., § 2033.280, subd. (b), (c).) 

Defendant has not filed an opposition or presented evidence establishing that responses have been served.  The court therefore grants Plaintiff’s motion to deem his requests for admissions admitted.  (Code Civ. Proc., § 2033.280.)

The court grants Plaintiff’s request for sanctions against Defendant.  The court finds that monetary sanctions in the amount of $810 ((1.5 hours x $500 hourly rate) + $60 motion filing fee = $810) is a reasonable amount of monetary sanctions to impose against Defendant on this motion.  (Code Civ. Proc., § 2033.280, subd. (c).)

Plaintiff served his Special Interrogatories (Set One) on Defendant on October 8, 2020, and Defendant did not serve responses.  (Moorhead Decl., ¶¶ 4-5.) 

Defendant has not opposed Plaintiff’s motion or presented evidence to the court establishing that he has served responses.  The court therefore grants Plaintiff’s motion to compel Defendant’s responses to Plaintiff’s Special Interrogatories (Set One) served on October 8, 2020.  (Code Civ. Proc., § 2030.290, subd. (b).) 

The court grants Plaintiff’s request for sanctions against Defendant.  The court finds that monetary sanctions in the amount of $810 ((1.5 hours x $500 hourly rate) + $60 motion filing fee) is a reasonable amount of monetary sanctions to impose against Defendant on this motion.  (Code Civ. Proc., § 2030.290, subd. (c).)

Plaintiff served his Request for Production of Documents (Set One) on Defendant on October 8, 2020, and Defendant did not serve responses.  (Moorhead Decl., ¶¶ 4-5.)  

Defendant has not filed opposition papers establishing that responses have been served. The court therefore grants Plaintiff’s motion to compel Defendant’s responses to Plaintiff’s Request for Production of Documents (Set One) served on October 8, 2020.  (Code Civ. Proc., § 2031.300, subd. (b).) 

The court grants Plaintiff’s request for sanctions.  The court finds that monetary sanctions in the amount of $810 ((1.5 hours x $500 hourly rate) + $60 motion filing fee) is a reasonable amount of monetary sanctions to impose against Defendant on this motion.  (Code Civ. Proc., § 2031.300, subd. (c).)

ORDER

            The court grants plaintiff Ivan Mendoza’s Motion to Deem Requests for Admissions Admitted.  The court orders that the truth of the matters specified in Plaintiff’s Request for Admissions (Set One), served on October 8, 2020, is deemed admitted.  (Code Civ. Proc., § 2033.280, subd. (b).)

            The court grants plaintiff Ivan Mendoza’s Motion to Compel Responses to Special Interrogatories (Set One).  (Code Civ. Proc., § 2030.290, subd. (b).)

Pursuant to Code of Civil Procedure section 2030.290, the court orders defendant Soon Pill Kim to serve on plaintiff Ivan Mendoza full and complete verified answers, without objections, to plaintiff Ivan Mendoza’s Special Interrogatories (Set One) that comply with Code of Civil Procedure sections 2030.220 and 2030.250, subdivisions (a) and (b), within 20 days of the date of this order.   

            The court grants plaintiff Ivan Mendoza’s Motion to Compel Responses to Request for Production (Set One).  (Code Civ. Proc., § 2031.300, subd. (b).)

Pursuant to Code of Civil Procedure section 2031.300, the court orders defendant Soon Pill Kim (1) to serve on plaintiff Ivan Mendoza full and complete verified responses, without objections, to plaintiff Ivan Mendoza’s Request for Production (Set One) that comply with Code of Civil Procedure sections 2031.210 through 2031.250, and (2) to produce to plaintiff Ivan Mendoza all documents and things in defendant Soon Pill Kim’s possession, custody, or control which are responsive to those requests, within 20 days of the date of this order.

            The court grants plaintiff Ivan Mendoza’s requests for monetary sanctions against defendant Soon Pill Kim.  The court orders defendant Soon Pill Kim to pay monetary sanctions to plaintiff Ivan Mendoza in the amount of $2,430 ($810 x 3) within 30 days of the date of this order.  (Code Civ. Proc., §§ 2033.280, subd. (c), 2030.290, subd. (c), 2031.300, subd. (c).)

            The court orders plaintiff Ivan Mendoza to give notice of this order.  

IT IS SO ORDERED.

DATED:  August 9, 2022

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court