Judge: Robert S. Draper, Case: 21STCV43707, Date: 2022-10-05 Tentative Ruling

Case Number: 21STCV43707    Hearing Date: October 5, 2022    Dept: 78

Superior Court of California 

County of Los Angeles 

Department 78 

Plaintiff Samantha Wilkins’s Motion for an Order to Deem Facts Admitted that are Set Forth in Plaintiff’s Requests for Admission, Set One, is GRANTED.

Plaintiff Samantha Wilkins’s Request for Monetary Sanctions as to Defendant Tracee Ellis Ross and her Counsel is GRANTED in the amount of $1,252.50.

Factual background

This is an action for various violations of the labor code. The Complaint alleges as follows.

Plaintiff Samantha Wilkins (“Plaintiff”) was jointly employed by Defendants Tracee Ellis Ross (“Ellis Ross”) and Joy Mill Entertainment, Inc. (“Joy Mill” and together with Ellis Ross, “Defendants”) from November 2019 to July 2021. (Compl. ¶ 12.) For the first month of her employment, Defendants classified Plaintiff as a non-exempt employee, paid her 1.5 times her hourly salary for overtime work, and provided her timely meal and rest breaks. (Compl. ¶ 14.) In December 2019, Defendants reclassified Plaintiff as an exempt employee and paid her on a salary basis. (Compl. ¶ 15.) This reclassification was improper. (Ibid.) Defendants again reclassified Plaintiff as a non-exempt employee in November, 2020.

During the period that Plaintiff was classified as an exempt employee, she was not paid overtime hours, and was not provided proper rest and meal breaks. (Compl. ¶¶ 25-28.)

PROCEDURAL HISTORY 

On November 30, 2021, Plaintiff filed the Complaint asserting thirteen causes of action:

1.    Failure to Pay Wages Due;

2.    PAGA Claim for Failure to Pay Wages Due;

3.    Waiting Time Penalties for Failure to Pay Wages Due;

4.    PAGA Claim for Time Penalties for Failure to Pay Wages Due;

5.    Failure to Pay Overtime Compensation;

6.    PAGA Claim for Failure to Pay Overtime Compensation;

7.    Failure to Provide Itemized Wage Statements;

8.    PAGA Claim for Failure to Pay Itemized Wage Statements;

9.    Failure to Provide Meal Periods;

10.                   PAGA Claim for Failure to Provide Meal Periods;

11.                   Failure to Provide Rest Periods;

12.                   PAGA Claim for Failure to Provide Rest Periods; and,

13.                   Failure to Allow Inspection of Personnel File.

On January 3, 2022, Defendants filed an Answer.

On August 2, 2022, Plaintiff filed the instant Motion for an Order to Deem Facts Admitted That Are Set Forth in Plaintiff’s Request for Admission, Set One, as to Defendant Tracee Ellis Ross.

No Opposition has been filed.

DISCUSSION 

Plaintiff Samantha Wilkins moves the Court for an order to deem admitted the facts contained in Plaintiff’s First Request for Admission as to Defendant Tracee Ellis Ross, and for a monetary sanction against Ellis Ross and her 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, Plaintiff notes that she propounded her first set of Requests for Admission on Defendants on January 12, 2022. (Soleymani Decl., ¶¶ 2-3, Ex.1.) On February 14, 2022, the day responses were due, Plaintiff granted Defendants’ request to extend the deadline to March 3, 2022. (Soleymani Decl., ¶ 5.) Defendants did not provide any responses or objections by March 3. (Soleymani Decl., ¶ 6.)

The two parties discussed mediation, and a potential stay of discovery deadlines, but no agreement was reached. (Soleymani Decl., ¶ 11.) The two parties have exchanged substantial communication since that date, but Defendants still have not provided any responses to the pending discovery requests. (Soleymani Decl., ¶ 24.)

Accordingly, pursuant to Civil Procedure section 2033.280(c), Plaintiff’s Motion for an Order Deeming Admitted Set Forth in Plaintiff’s Requests for Admission, Set One as to Defendant Tracee Ellis Ross is GRANTED.

Additionally, pursuant to section 203.280(c), monetary sanctions are mandatory against Ellis Ross and her Counsel.

Upon review of the declaration detailing the requested attorney fees, the Court finds Plaintiff’s Counsel’s hourly rate and billed hours reasonable. (Soleymani Decl., ¶ 35.) However, the Court notes that Plaintiff’s Counsel included time necessary to prepare a Reply to Ellis Ross’s Opposition. As no Opposition was filed, the Court deducts .5 hours from Plaintiff’s billed hours. At Plaintiff’s Counsel’s rate of $795.00 an hour, this equals a $397.5 deduction from Plaintiff’s requested fees.

Accordingly, Plaintiff’s Request for Sanctions is GRANTED in the amount of $1,252.50.

DATED: October 4, 2022 

____________________________ 

Hon. Robert S. Draper

Judge of the Superior Court