HAPAG-LLOYD (AMERICA) LLC VS RODRIGUEZ, ROSA

Case Number: 17K02429 Hearing Date: April 30, 2018 Dept: 94

Plaintiff Hapag-Lloyd (American), LLC’s Motions to Deem Request for Admissions as Admitted; to Compel Responses to Form Interrogatories, Special Interrogatories, and Requests for Production of Documents; and to Request for Sanctions are GRANTED. The truth of the matters specified in Plaintiff’s Request for Admissions to Defendant is hereby deemed admitted. Defendant is ordered to serve verified responses, without objections, to Plaintiff’s Form Interrogatories, Special Interrogatories, and Requests for Production of Documents within twenty (20) days of the date of serving a notice of this Order by Plaintiff.

The Court awards Plaintiff $1,500 in monetary sanctions against Defendant. Sanctions are to be paid to Plaintiff by Defendant within thirty (30) days from the date of this Order.

On February 22, 2017, Plaintiff Hapag-Lloyd (American), LLC (“Plaintiff”) filed this action against Defendant Rosa Rodriguez (“Defendant”).

On February 22, 2018, Plaintiff filed Motions to Deem Request for Admissions as Admitted; to Compel Responses to Form Interrogatories, Special Interrogatories, and Requests for Production of Documents; and to Request for Sanctions (collectively, the “Motions”).

Discussion

On July 27, 2017 and, again, on December 1, 2017, Plaintiff served a Request for Admissions, Form Interrogatories, Special Interrogatories, and Requests for Production of Documents on Defendant. (Berry Decls. ¶¶ 5, 9, Exhs. As, Ds.) To date, Defendant has not responded to any of Plaintiff’s discovery requests. (Id. ¶ 15.)

Because Defendant has failed to serve any responses to Plaintiff’s discovery requests, the unopposed Motions are GRANTED. Pursuant to CCP § 2033.280, the truth of the matters specified in Plaintiff’s Request for Admissions to Defendant is hereby deemed admitted. Pursuant to CCP §§ 2030.290 and 2031.300, Defendant is ordered to serve verified responses, without objections, to Plaintiff’s Form Interrogatories, Special Interrogatories, and Requests for Production of Documents within twenty (20) days of the date of serving a notice of this Order by Plaintiff.

Plaintiff requests monetary sanctions in the amount of $1,625 for each of the four Motions. (Id. ¶ 16.) Plaintiff requests an hourly rate of $250 for three and a half (3.5) hours to prepare each of the Motions, one (1) hour to draft a reply for each of the Motions, and two (2) hours to travel and appear for each of the Motions. (Id.)

Because the Motions have been granted, monetary sanctions are mandatory under CCP §§ 2033.280(c), 2030.290(c), and 2031.300(c). Given the simplicity of the instant Motions, the Court finds that one (1) hour to prepare each of the Motions and one (2) hours to appear at the hearing for all of the Motions, at a reasonable rate of $250 per hour to be sufficient to compensate Plaintiff. Therefore, the Court awards Plaintiff $1,500 in monetary sanctions against Defendant. Sanctions are to be paid within thirty (30) days from the date of this Order.

Moving party to give notice.

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