Case Number: BC703583 Hearing Date: November 14, 2019 Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT

DORIS SELINE CABRAL DE LEIJA,

Plaintiff(s),

vs.

SERGIO ANTONIO ACUNA CELADA, ET AL.,

Defendant(s).

CASE NO: BC703583

[TENTATIVE] ORDER GRANTING PLAINTIFF’S UNOPPOSED MOTION TO DEEM RFAS ADMITTED

Dept. 3

1:30 p.m.

November 14, 2019

Plaintiff propounded RFAs on Defendant, Celada on 1/24/19. To date, despite multiple extensions of time to respond and attempts to meet and confer, Defendant has not served verified responses to the RFAs (Defendant did serve unverified responses, which are tantamount to no responses at all; see Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 636). Plaintiff therefore seeks an order deeming the RFAs admitted and requiring Defendant and Defense Counsel to pay sanctions.

Plaintiff’s motion to deem RFAs admitted is granted. CCP §2033.280(b).

Sanctions are mandatory. §2033.280(c). Plaintiff seeks sanctions in the amount of $1110. Counsel bills at the rate of $350/hour; the Court reduces this billing rate to $200/hour, which is more in line with the rates charged in the personal injury courts. The Court awards one hour of time to prepare this form discovery motion. No opposition was filed and therefore no reply was necessary. The Court is confused about Counsel’s statement, at ¶9 of his declaration, that “I have included my time for appearing in my declaration associated with plaintiff’s motion to compel Request for Admissions and do not seek that time here.” There was only one motion filed, and there is only one motion on calendar today. The Court awards two hours of time to appear at the hearing on the motion.

The Court therefore awards a total of three hours of attorney time at the rate $200/hour, or $600 in attorneys’ fees. The Court also awards the filing fee of $60. Sanctions are sought against and imposed against Defendant and his attorney of record, jointly and severally; they are ordered to pay sanctions to Plaintiff, by and through his attorney of record, in the amount of $660, within twenty days.

Plaintiff is ordered to give notice.