Plaintiff Arrow Disposal Services, Inc.?s Motion to Deem the Truth of Matters Specified in Request for Admissions, to Compel Responses to First Set of Form Interrogatories, and to Request for Sanctions is GRANTED IN PART.??Pursuant to?CCP ? 2033.280, the truth of the matters specified in Plaintiff?s Request for Admissions to Defendant Joseph Christie Bradley?is hereby deemed?admitted.?The Court awards?Plaintiff?$660 in monetary sanctions against Defendant Joseph Christie Bradley as an individual, payable within thirty (30) days of service of notice of this order by Plaintiff.
Background
On August 14, 2017, Plaintiff Arrow Disposal Services, Inc. (?Plaintiff?) filed this action against Defendants Joseph Christie Bradley (?Bradley?), individually and dba Belmex Construction and dba Wolf Concrete and Framing, (collectively, ?Defendants?).
On February 28, 2018, Plaintiff filed a Motion to Deem the Truth of Matters Specified in Request for Admissions, to Compel Responses to First Set of Form Interrogatories, and?to Request for Sanctions (the ?Motion?).??On March 21, 2018, Defendants filed an opposition.??On May 22, 2018, Plaintiff filed a reply.
Discussion
On?November 6,?2018, Plaintiff served a Request for Admissions and Form Interrogatories on Bradley.??(Motion, Swarovski Decl. ? 2, Exh.?1.)
In reply, Plaintiff states that it is now only proceeding with the request to deem the truth of the matters specified in its Request for Admissions to Bradley as admitted.??(Reply p. 1.)??Plaintiff, therefore, contends that it no longer need to pay an additional filing fee ordered by the Court on April 10,?2018?because its request to compel Bradley?s responses to Form Interrogatories is no longer?at?issue.?(Id.?pp. 1-2.)
In opposition, Defendant contends that he served Bradley?s responses to Plaintiff?s Form Interrogatories?albeit unverified as pointed out by Plaintiff in its reply.??(Oppo. pp. 1-2; Reply pp. 1-2.)??Be as it may, because Plaintiff is no longer compelling Bradley to respond to its Form Interrogatories, this is a moot point.
Plaintiff has not received any verified discovery responses to its Request for Admissions.???In their opposition, Defendants do not contend otherwise.???Because Bradley has failed to serve any?verified responses to Plaintiff?s Request for Admissions, the?Motion?is GRANTED.??Pursuant to?CCP ? 2033.280, the truth of the matters specified in Plaintiff?s Request for Admissions to Bradley?is hereby deemed?admitted.
Plaintiff requests monetary sanctions?in the amount of?$1,860 against Bradley.??(Notice of Motion p. 2.)??Plaintiff requests attorney?s fees at an hourly rate of $300 for four (4) hours to prepare the Motion, two (2) hours to draft a reply, and $60 in filing fee.
Because the Motion has?been granted, monetary sanctions are mandatory under CCP ? 2033.280(c).??Given the simplicity of the Motion and the reply, the Court finds that two (2) hours to prepare the Motion and the reply, and $60 in filing fee to be sufficient to compensate Plaintiff.??The Court, therefore, awards?Plaintiff?$660 in monetary sanctions against Bradley.?Sanctions are to?be paid?within thirty (30) days from the date of serving a notice of this Order by Plaintiff.
Clerk?to give notice.