Case Number: BC648913 Hearing Date: April 05, 2018 Dept: 53

sahabeddin turan vs. west coast organic modernism, inc., et al. ; BC648913, APRIL 5, 2018

[Tentative] Order RE: PLAINTIFF’S MOTION TO DEEM ADMITTED OR IN THE ALTERNATIVE TO COMPEL RESPONSES TO PLAINTIFF’S REQUESTS FOR ADMISSION, SET ONE (1), AND REQUEST FOR SANCTIONS AGAINST DEFENDANT WEST COAST ORGANIC MODERNISM, INC.

Plaintiff’s Motion to Deem Admitted or in the Alternative to Compel Responses to Plaintiff’s Requests for Admission, Set One (1), and Request for Sanctions Against Defendant West Coast Organic Modernism, Inc. is GRANTED.

BACKGROUND

Plaintiff Sahabeddin Turan (“Plaintiff”) filed this employment action on January 31, 2017 against Defendants West Coast Organic Modernism, Inc. (“WCOM”) and Organic Modernism, Inc. (jointly, “Defendants”). Plaintiff’s operative First Amended Complaint (“FAC”) asserts various wage and hour causes of action as well as FEHA causes of action.

On October 19, 2017, Plaintiff served written discovery requests to WCOM, including Requests for Admission, Set One. (Mazeika Decl., ¶ 7.) WCOM failed to respond by the deadline. (Mazeika Decl., ¶ 7.) On January 22, 2018, Plaintiff’s counsel attempted to meet and confer with WCOM’s counsel regarding the lack of response. (Mazeika Decl., ¶ 8, Ex. B.) Plaintiff’s counsel again attempted to meet and confer on February 23, 2018. (Mazeika Decl., ¶ 9, Ex. C.)

Plaintiff now moves to have the Requests for Admission, Set One deemed admitted, or in the alternative to compel responses. Plaintiff also seeks monetary sanctions in the amount of $1,410.00. No opposition to this motion was filed.

DISCUSSION

If a party to whom requests for admission are directed fails to serve a timely response, “the requesting party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction.” (Code Civ. Proc., § 2033.280(b).) Further, the Court shall make this order, “unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220.” (Code Civ. Proc., § 2033.280(c).)

WCOM, in failing to oppose this motion, does not dispute that no responses to the Requests for Admission, Set One, were ever served. Further, there is no evidence that any responses have been served since the filing of the instant motion. Accordingly, the Court finds that because WCOM failed to serve any responses to the Requests for Admission, Set One, the requests are deemed admitted. Furthermore, the Court finds that sanctions are warranted. However, the Court finds that a reasonable attorney rate for the instant discovery motion is $250, and therefore awards sanctions in the amount of $810.00 ($250 x 3 hours + $60 filing fee).

CONCLUSION

Based on the foregoing, Plaintiff’s Motion to Deem Admitted or in the Alternative to Compel Responses to Plaintiff’s Requests for Admission, Set One (1), and Request for Sanctions Against Defendant West Coast Organic Modernism, Inc. is GRANTED. The truth of all matters specified in Plaintiff’s Requests for Admission, Set One are deemed admitted. WCOM is ordered to pay monetary sanctions in the amount of $810.00 to Plaintiff, by and through his counsel, within 20 days of this Order.

Plaintiff is ordered to give notice of this ruling.

DATED: April 5, 2018

_____________________________

Howard L. Halm

Judge of the Superior Court