Case Number: 19STCV00147    Hearing Date: July 28, 2021    Dept: 71









LUIS DIAZ, et al.

 Case No.:  19STCV00147




Hearing Date:  July 28, 2021

Plaintiff’s unopposed motions to compel Defendants to serve initial responses to Form Interrogatories are granted.  Responses are to be served with 14 days. Plaintiff’s unopposed motions to deem Requests for Admission admitted against Defendants are granted. 

Plaintiff’s unopposed requests for monetary sanctions are granted in the reduced total amount of $1,720, payable within 14 days. 

Four discovery motions are presently before the Court.  Plaintiff Johnny Guerra (“Plaintiff”) moves for orders compelling Defendant SF Valley Construction, Inc. (“SFV”) and Luis Diaz (“Diaz”) (collectively, “Defendants”) to provide initial responses to Form Interrogatories (Set One) as well as orders that Requests for Admission (Set One) be deemed admitted against Defendants.  For each motion, Plaintiff also requests sanctions against Defendant in the amount of $1,460 for a total amount of $5,840. (Motions, pg. 3.)  [The Court notes the Notices of Motion for the motions to compel initial responses to form interrogatories do not request an award of monetary sanctions.]

Plaintiff is entitled to an order compelling Defendants to provide responses to Form Interrogatories (Set One).  (C.C.P. §§2030.290(b).) Plaintiff is also entitled to an order deeming Requests for Admission (Set One) admitted against Defendants.  (C.C.P. §2033.280(b).)  Plaintiff submitted evidence he propounded its first set of discovery on Defendants on February 8, 2021, and that the discovery deadline for serving responses was March 12, 2021.  (See Declarations of Weisberg ¶¶2-6, Exhibits A, Proofs of Service.)  Plaintiff submitted evidence Defendants have failed to provide initial responses to any of the discovery requests, and as of filing the instant motions on April 12, 2021, Defendants had not provided responses.  (See Declarations of Weisberg ¶7.)  As of the date of the hearing on the instant motions, Defendants have not filed oppositions.

Plaintiff’s requests for monetary sanctions in connection with the motions to compel initial response to Form Interrogatories are denied.  The Notices of Motion do not include a request for sanctions and fail to “identify every person, party, and attorney against whom the sanction is sought” as required by C.C.P. §2023.040.

Plaintiff is entitled to an award of reasonable attorneys fees incurred in connection with his motions to deem requests for admission admitted.  (C.C.P. §2033.280(c).)  The Court grants Plaintiff’s request for monetary sanctions in the reduced total amount of $1,720, reflecting 4 hours incurred on the motions at an hourly rate of $400 per hour (3 hours preparing the two motions plus one hour attending the hearing on the motions), plus $120 in filing fees for the two motions.  (Decl. of Weisberg ¶¶10-12.)

Based on the foregoing, Plaintiff’s unopposed motions to compel Defendants’ initial responses to Form Interrogatories are granted.  Plaintiff’s unopposed motions to deem Requests for Admission Admitted against Defendants are granted.

Based on the foregoing, Plaintiff’s unopposed requests for monetary sanctions against Defendants are granted in the reduced total amount of $1,720.

Dated:  July _____, 2021


Hon. Monica Bachner

Judge of the Superior Court