2016-00197665-CU-NP

Bay Cities Paving & Granding, Inc. vs. Linda J. Clifford

Nature of Proceeding: Motion to Deem Matters Admitted

Filed By: Gladych, John A.

Bay City Paving & Grading, Inc.’s Motion for Order Deeming Requests for Admission Admitted as to defendants Linda J. Clifford, Richard Donovan Farnsworth, Steven A. Francis and Robert D. Kittridge is denied.

Defendants have filed an opposition stating that they have served compliant responses before the hearing. Defendants request that no sanctions be awarded in connection with this motion. Defendants concede they received the responses on March 18, 2018. However, as noted in plaintiff’s Reply, a sanction order is mandatory under CCP 2033.280(c) even if the motion is unopposed, because the failure to timely respond to the requests for admission necessitated the motion. A motion is “made” when it is filed and served. (CCP § 1005.5.)

Sanctions are awarded in the reasonable amount of $600 pursuant to CCP 2033.280 (c), because the failure to provide timely compliant responses necessitated this motion.

Plaintiff seeks sanctions in the amount of $1,975 for the preparation of this motion, which represents five hours of time at an hourly rate of $395, including preparation of Reply an oral argument. The Court finds that the hourly rate for this type of work and the time spent is excessive for the nature of the motion.