Judge: Robert S. Draper, Case: 21STCV46620, Date: 2022-09-28 Tentative Ruling

Case Number: 21STCV46620    Hearing Date: September 28, 2022    Dept: 78

Superior Court of California 

County of Los Angeles 

Department 78 

Plaintiff Nelson Ochoa’s Motion to Deem Requests for Admission Admitted as to Defendants Supra National Express, Inc, and Daniel Linares is GRANTED.

Plaintiff Nelson Ochoa’s Request for Monetary Sanctions is GRANTED in the amount of $1,468.91 as to Defendants Linares and Supra only.

Factual background

This is an action for breach of contract. The complaint alleges as follows.

Plaintiff Nelson Ochoa (“Ochoa”) filed suit against Defendant Supra National Express, Inc. (“Supra”) alleging various violations of the California Labor Code. (Compl. ¶ 12.) On January 27, 2020, the parties entered into a written settlement agreement. (Compl. ¶ 14.) Defendants agreed to pay Ochoa $400,000 in exchange for his dismissing the action. (Compl. ¶ 16.) Defendants are more than $275,000 behind on the settlement payments. (Compl. ¶ 19.)

PROCEDURAL HISTORY 

On December 22, 2021, Ochoa filed the Complaint.

On March 28, 2022, Defendants filed the Answer.

On July 19, 2022, this Court granted Attorney Miles Kavalier’s Motion to be Relieved as Counsel for Defendants Daniel Linares and Supra National Express, Inc.

On July 27, 2022, Ochoa filed the instant Motion to Deem Plaintiff’s First Set of Requests for Admission Admitted as to Defendants Daniel Linares and Supra National Express, Inc.

No Opposition has been filed.

DISCUSSION 

Plaintiff Nelson Ochoa moves the Court to deem Plaintiff’s First Request for Admission Admitted as to Defendants Daniel Linares and Supra National Express, Inc (together, “Defendants”), and for a monetary sanction against Defendants and Defendants’ 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 he propounded his first set of Requests for Admission on Defendants on February 28, 2022. (Friedman Decl., ¶ 4.) On May 13, 2022, Defendants requested an extension on serving objection free responses, nearly two months after said responses were originally due. (Friedman Decl., ¶ 5.) Plaintiff agreed to extend the deadline to June 10, 2022. (Ibid.)

Although over a month has passed since the extended deadline, Defendants have still yet to serve any responses. (Friedman Decl., ¶ 6.)

Accordingly, pursuant to Civil Procedure section 2033.280(c), Ochoa’s Motion to Deem Defendants’ Requests for Admission Admitted is GRANTED.

Additionally, pursuant to section 203.280(c), monetary sanctions are mandatory against Defendants and Defendants’ Counsel.

However, as Defendants were without representation at the time the instant motion was filed, the Court finds that in the interest of fairness, sanctions are warranted against Defendants only, and not Defendants’ former counsel.

In addition, the Court notes that Ochoa’s calculated attorney fees include thirty minutes allotted for reviewing an Opposition, and thirty minutes for preparing a Reply. (Friedman Decl., ¶ 7.)

As no Opposition was filed in this matter, the Court will subtract one hour from Ochoa’s proposed attorney fees. As Attorney Friedman’s reasonable hourly rate is $700, this makes the total amount of reasonable attorney fees and costs $1,468.91.

Accordingly, Ochoa’s request for attorney fees is GRANTED in the amount of $1,468.91 as to Defendants Linares and Supra National Express, only.

DATED: September 28, 2022 

____________________________ 

Hon. Robert S. Draper

Judge of the Superior Court