Judge: Thomas Falls, Case: 21PSCV00118, Date: 2022-11-03 Tentative Ruling
The Court may change tentative rulings at any time. Therefore, attorneys are advised to check this website to determine if any changes or updates have been made to the tentative ruling. Counsel may submit on the tentative rulings by calling the clerk in Dept. R at 909-802-1117 before 8:30 the morning of the hearing.
Case Number: 21PSCV00118 Hearing Date: November 3, 2022 Dept: R
Orlando Garcia v. 9920 Valley Blvd LLC (21PSCV00118)
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(1) MOTION
TO DEEM THE TRUTH OF MATTERS SPECIFIED IN REQUESTS FOR ADMISSIONS (“RFAs”), SET
ONE, ADMITTED AND CONCLUSIVELY ESTABLISHED
(2) MOTION
TO COMPEL ANSWERS, WITHOUT OBJECTIONS, TO FORM INTERROGATORIES (“FROGs”), SET
NO. ONE; REQUEST FOR ORDER AWARDING MONETARY SANCTIONS AGAINST 9920 VALLEY BLVD
LLC AND JING WANG IN THE SUM OF $500
(3) MOTION
TO COMPEL ANSWERS, WITHOUT OBJECTIONS, TO AND RESPONSES TO DEMAND FOR
PRODUCTION OF DOCUMENTS (“RFP”), SET NO. ONE; REQUEST FOR ORDER AWARDING
MONETARY SANCTIONS AGAINST 9920 VALLEY BLVD LLC AND JING WANG IN THE SUM OF
$500
(4) MOTION
TO COMPEL ANSWERS, WITHOUT OBJECTIONS, TO SPECIAL INTERROGATORIES (“SROGs”),
SET NO. ONE; REQUEST FOR ORDER AWARDING MONETARY SANCTIONS AGAINST 9920 VALLEY
BLVD LLC AND JING WANG IN THE SUM OF $500
Responding
Party: Unopposed as 10/24 (due 9 court days before original hearing)
Tentative Ruling
(1) MOTION
TO DEEM THE TRUTH OF MATTERS SPECIFIED IN REQUESTS FOR ADMISSIONS, SET ONE,
ADMITTED AND CONCLUSIVELY ESTABLISHED is GRANTED.
(2) MOTION
TO COMPEL ANSWERS, WITHOUT OBJECTIONS, TO FORM INTERROGATORIES, SET NO. ONE;
REQUEST FOR ORDER AWARDING MONETARY SANCTIONS AGAINST 9920 VALLEY BLVD LLC AND
JING WANG IN THE SUM OF $500 is GRANTED.
(3) MOTION
TO COMPEL ANSWERS, WITHOUT OBJECTIONS, TO AND RESPONSES TO DEMAND FOR
PRODUCTION OF DOCUMENTS, SET NO. ONE; REQUEST FOR ORDER AWARDING MONETARY
SANCTIONS AGAINST 9920 VALLEY BLVD LLC AND JING WANG IN THE SUM OF $500 is GRANTED.
(4) MOTION
TO COMPEL ANSWERS, WITHOUT OBJECTIONS, TO SPECIAL INTERROGATORIES, SET NO. ONE;
REQUEST FOR ORDER AWARDING MONETARY SANCTIONS AGAINST 9920 VALLEY BLVD LLC AND
JING WANG IN THE SUM OF $500 is GRANTED.
Monetary sanctions are imposed on 9920 Valley Blvd LLC and his
counsel, Jing Wang, in the total amount of $1,200.
Background
This case
alleges violations of the Americans With Disabilities Act (“ADA”). Plaintiff
Orlando Garcia (“Plaintiff”) alleges the following against Defendant 9920
Valley Blvd LLC (“Defendant”): Plaintiff suffers from cerebral palsy. He is
substantially limited in his ability to walk and uses a wheelchair, walker, or
a cane for mobility. Plaintiff planned to make a trip in March of 2021 to the
Holiday Inn El Monte located at 9920 Valley Blvd. However, Defendant’s Hotel
reservation system did not provide sufficient information about accessible
features in the “accessible rooms” (e.g., whether the bed has a compliant clear
space next to it so he can safely transfer from his wheelchair to the bed;
whether the doorways that are at least 32 inches wide so he can get his
wheelchair through; or whether the restrooms have bars to allow Plaintiff to
transfer from his wheelchair to a toilet). As a result, Plaintiff was not able
to reserve a room. Plaintiff states that he is an ADA tester. (Complaint ¶27 [“Plaintiff travels frequently and extensively, not
only for non-litigation reasons but also because he is an ADA tester and
actively engaged in finding law breaking businesses and hauling them before the
courts to be penalized and forced to comply with the law.”].)
On February
16, 2021, Plaintiff filed suit against Defendant and Does 1 through 10 for:
1. Violations
of the ADA
2. Violation
of Unruh Rights Act
On March 18,
2021, Defendant filed its Answer.
On February
9, 2022, Plaintiff filed (1) Motion to Compel Answers, Without Objections, To
Special Interrogatories, Set No. One; and Responses to Demand for Production of
Document, Set No. One (“Motion to Compel”) and (2) Motion to Deem RFA’s
Admitted, both of which the court determined were moot.
On October 7,
2022, Plaintiff filed the instant 4 motions.
Discussion
Considering
the arguments for all four motions are similar, the court will provide a
consolidated analysis.
As to all 4
motions, Plaintiff concedes responses have been received but that the
responses are not verified.
In support of its motions as basic discovery motions and not
further discovery, Plaintiff cites to Appleton v. Superior Court (1988),
206 Cal.App.3d 63 for that proposition that unverified responses are
“tantamount to no responses at all.” Indeed, to be statutorily compliant,
responses must be verified. And here, Defendant has not served verified
responses, rendering the responses equivalent to no response.
Accordingly, as for the RFA, Defendant has waived any right
to object to these admissions requests. As for the FROGs, SROGs, and RFP
motions, Defendant has thus waived its right to object to any of the
interrogatories and inspection demands.
Sanctions
For the FROGs, SROGs, and RFP motions, Plaintiff seeks $500
in sanctions per motion. “The court shall impose a monetary sanction
under Chapter 7 (commencing with Section 2023.010) against any party, person,
or attorney who unsuccessfully makes or opposes a motion to compel a response
to interrogatories or to an inspection demand, 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.”
As there is no opposition to any of the motions, the court
is with no explanation as to possible circumstances as to why sanctions would
be unjust. Moreover, Plaintiff avers she has attempted to informally resolve
the matters twice, but Defense Counsel has not responded to her letter and
email.
Therefore, 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 motions is $1,200 (i.e., 4 hours at $300/hour)
Sanctions are imposed on 9920 Valley Blvd LLC and his counsel, Jing Wang.[1]
Conclusion