Judge: Robert S. Draper, Case: 21STCV16195, Date: 2023-02-15 Tentative Ruling

Case Number: 21STCV16195    Hearing Date: February 15, 2023    Dept: 78

Superior Court of California 

County of Los Angeles 

Department 78 

Plaintiff Immigrant Rights Defense Council, LLC’s Motion to Deem Requests for Admission Admitted as to Defendant Global MJ Immigration Service, APC is GRANTED.

Plaintiff’s Request for Monetary Sanction is GRANTED in the amount of $1,578.35. 

Factual background

This is an action brought under the Immigration Consultants Act (“ICA”). The Complaint alleges as follows.

Plaintiff Immigrant Rights Defense Council, LLC (“IRDC”) is a non-governmental organization that brings actions on behalf of the people of the State of California to shut down illegally operated immigration consultant businesses. (Compl. ¶ 1.) Defendant Michelle Minchong Sim (“Sim”) operates such a consulting business, Defendant Global MJ Immigration Service, APC (“Global MJ”). (Compl. ¶ 3.) Defendants have violated numerous provisions of the ICA in the course of their business.

PROCEDURAL HISTORY 

On May 16, 2022, IRDC filed the Complaint asserting a single cause of action for Violation of the Immigration Consultant Act.

On July 29, 2022, Sim filed an Answer.

On August 12, 2022, IRDC filed the instant Motion to Deem Request for Admission Admitted as to Global MJ.

On December 20, 2022, the Court held a hearing on this matter. At that hearing, Defendant requested a continuance such that Defendant’s Counsel could file an Opposition.

As of February 9, 2023, no Opposition has been filed. Any Opposition was due by February 1, 2023.

DISCUSSION 

Plaintiff Immigrant Rights Defense Council, LLC moves the Court to deem Plaintiff’s First Request for Admission Admitted as to Defendant Global MJ Immigration Service, APC, and for a monetary sanction against Defendant and Defendant’s Counsel.

Pursuant to Code of Civil Procedure section 2033.280, subdivision (b), a “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, as well as for a monetary sanction under Chapter 7 (commencing with section 2023.010).” The court “shall” grant the motion to deem requests for admission admitted “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 Section 2033.220.” (Code Civ. Proc. § 2033.280(c).) 

Monetary sanctions are mandatory against a party, attorney, or both whose failure to serve a timely response to requests for admission necessitated the motion. (Code Civ. Proc., § 2033.280(c).) 

Here, IRDC notes that it propounded its first set of Requests for Admission on Global MJ via overnight mail on June 14, 2022. (Medvei Decl., ¶ 4.; Ex. 1.) Defendant has not responded to this discovery request to this date. (Medvei Decl., ¶ 5.)

Accordingly, pursuant to Civil Procedure section 2033.280(c), IRDC’s Motion to Deem Requests for Admission Admitted as to Defendant Global MJ Immigration Service, APC is GRANTED.

IRDC’s Counsel, Sebastian M. Medvei, requests monetary sanctions in the amount of $2500, representing five hours of attorney time billed at a rate of $500 per hour. (Medvei Decl., ¶ 6.) Additionally, Medvei requests costs in the amount of $78.35. (Ibid.)

While the Court finds that Medvei’s requested rate is reasonable, Medvei anticipated spending two hours drafting a reply. (Ibid.) As no Opposition was filed, this time will be omitted from the sanctions.

Accordingly, IRDC’s Request for Monetary Sanctions is GRANTED in the amount of $1,578.35.

DATED: February 15, 2023 

____________________________ 

Hon. Robert S. Draper

Judge of the Superior Court