Case Number: BC582503??? Hearing Date: April 27, 2016??? Dept: 31
Plaintiffs Rae?ven A?lyia Kelly?s and Sean Dinwoodie?s Motion for an Order Against Phyllis Larrymore-Kelly Establishing Admissions in Plaintiffs? Requests for Admission and for Monetary Sanctions in the Amount of $960.00 is GRANTED.
Plaintiffs Rae?ven A?lyia Kelly?s and Sean Dinwoodie?s Motion for an Order Against Kevin Kelly Establishing Admissions in Plaintiffs? Requests for Admission and for Monetary Sanctions in the Amount of $960.00 is GRANTED.
Plaintiffs move for an order deeming admissions admitted on the ground that Defendants failed to comply with the Court?s order compelling responses to Plaintiffs? requests. On March 4, 2016, the Court granted Plaintiff?s unopposed motion to compel further responses to the requests for admission, set one. The Court ordered responses within 10 days. As of March 30, 2016, no responses defendants have failed to serve responses as ordered. (Soleymani Decl. ? 11.) Soleymani attests to, and the Court?s file reflects, service of the notice of ruling on March 4, 2016. (Id. Ex. E.)
?If a party then fails to obey an order compelling further response to requests for admission, the court may order that the matters involved in the requests be deemed admitted. In lieu of, or in addition to, this order, the court may impose a monetary sanction under Chapter 7 (commencing with Section 2023.010).? CCP ? 2033.290(e). Defendants have not opposed the instant motion and there is sufficient evidence before the Court establishing that they had notice of the Court?s ruling and failed to comply with the Court?s order. Accordingly, the motion to deem admitted is GRANTED.
Given the failure to respond, the Court finds additional monetary sanctions are appropriate. Soleymani attests to incurring two $60.00 motion fees and spending 3 hours preparing the two motions at a rate of $450.00 per hour. Soleymani also seeks an hour of fees for attending the hearing on this uncontested motions. Pursuant to CCP Section 2033.290(c), defendants Kevin Kelly and Phyllis Larrymore-Kelly are ordered to pay sanctions to plaintiffs and/or their counsel of record $1920 ($960.00 each) within 10 days of the date of this order.
The court will discuss the request for a trail continuance with plaintiff at the hearing on this motion.
Plaintiff is ordered to give notice.