Judge: Thomas Falls, Case: 21PSCV00871, Date: 2023-03-15 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. O at 909-802-1126 before 8:30 the morning of the hearing. Submission on the tentative does not bind the court to adopt the tentative ruling at the hearing should the opposing party appear and convince the court of further modification during oral argument.

The Tentative Ruling is not an invitation, nor an opportunity, to file any further documents relative to the hearing in question. No such filing will be considered by the Court in the absence of permission first obtained following ex-parte application therefore.

Case Number: 21PSCV00871    Hearing Date: March 15, 2023    Dept: O

Hearing date:                          Wednesday, March 15, 2023

RE:                              JOSE ANGEL BARAJAS vs MONICA A. BRIBIESCA, et al (21PSCV00871)

________________________________________________________________________

(1)   MOTION FOR ORDER THAT TRUTH OF MATTERS BE DEEMED ADMITTED as to Defendant Maria Del Rocio Manzorra

(2)   MOTION FOR ORDER THAT TRUTH OF MATTERS BE DEEMED ADMITTED as to Defendant Monica A. Bribiesca

            Responding Party: Unopposed as of Tues. 3/7 [due 9 court days before hearing (3/2]

Tentative Ruling

(1)   MOTION FOR ORDER THAT TRUTH OF MATTERS BE DEEMED ADMITTED as to Defendant Defendant Maria Del Rocio Manzorra is GRANTED.

(2)   MOTION FOR ORDER THAT TRUTH OF MATTERS BE DEEMED ADMITTED as to Defendant Monica A. Bribiesca is GRANTED.

Monetary sanctions are imposed upon each Defendant in an amount TBD at the hearing. [See Discussion section].

Background

This is a contracts case. On October 26, 201, Plaintiff Jose Barajas filed suit against Defendants MONICA A. BRIBIESCA, an individual, MARIA DEL ROCIO MANZORRA CERVANTES, an individual, EL CARIBBEAN SEAFOOD RESTAURANT alleging the following: Plaintiff and Defendants entered into an agreement for a loan. Defendants, however, have defaulted on the loan.

On December 21, 2021, the ANSWER OF MONICA A. BRIBIESCA, MARIA DEL ROCIO MANZORRA CERVANTES, AND EL CARIBBEAN SEAFOOD RESTAURANT TO COMPLAINT was filed.

On March 21, 2022, an Amendment to Complaint was filed, naming El Caribbean Corp. as Doe 1.

On September 21, 2022, another Amendment to Complaint was filed naming Cesar Robles as Doe 2.

On September 21, 2022, default was entered against El Caribbean Corp.

On February 6, 2023, Plaintiff filed the instant MOTION FOR ORDER THAT TRUTH OF MATTERS BE DEEMED ADMITTED as to Defendant Defendant Maria Del Rocio Manzorra

On February 7, 2023, Plaintiff filed the instant MOTION FOR ORDER THAT TRUTH OF MATTERS BE DEEMED ADMITTED as to Defendant Monica A. Bribiesca.

On February 7, 2023, default was entered against Cesar Robles.

Discussion

No responses have been received despite properly propounded discovery upon both Defendants.

Therefore, the motions are granted.

As for monetary sanctions, Plaintiff requests $1,050 per motion [3 hours to prepare each motion, 1 hour travel time per motion[1] at $350/hour]. Utilizing a Lodestar approach, and in view of the totality of the circumstances,[2] 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 motion is $875 (i.e., $250/hour, 3.5 hours for both motions).

If Counsel does not appear at the hearing in person, then one hour will be deducted, meaning attorney fees will be awarded in the total amount of $625 (i.e., $625 for both motions).[3]

Conclusion

Based on the foregoing, the motions are granted, and the exact monetary sanctions will be determined at the conclusion of the hearing.