Case Number: 17A03986 Hearing Date: May 15, 2018 Dept: 94

Plaintiff Nattha Chuangchawalai’s Motion to Deem the Truth of Matters Specified in Requests for Admissions as Admitted is GRANTED.

On March 6, 2017, Plaintiff Nattha Chuangchawalai (“Plaintiff”) filed this action against Defendant Nuttapon Treyavong (“Defendant”). On April 6, 2018, Plaintiff filed a Motion to Deem the Truth of Matters Specified in Requests for Admissions as Admitted (the “Motion”).

Discussion

On February 25, 2018, Plaintiff served a Request for Admissions on Defendant. (Paniagua Decl. ¶ 2, Exh. 1.) To date, Plaintiff has not received any discovery response from Defendant. (Id. ¶ 4.)

Because Defendant has failed to serve any response to Plaintiff’s Request for Admissions, the unopposed Motion is GRANTED. Pursuant to CCP § 2033.280, the truth of the matters specified in Plaintiff’s Request for Admissions to Defendant is hereby deemed admitted.

Plaintiff requests monetary sanctions in the amount of $1,110 for the Motion. (Id. ¶ 5.) Plaintiff requests an hourly rate of $350 for two (2) hours to prepare the Motion, anticipated one (1) hour to prepare a reply, and one (1) hour to appear for hearing of the Motion, and $60 in filing fee. (Id.)

Because the Motion has been granted, monetary sanctions are mandatory under CCP § 2033.280(c). Given the simplicity of the instant Motion and lack of opposition, the Court finds that 1 hour to prepare the Motion and 1 hour to appear at the hearing of the Motion, at a reasonable rate of $350 per hour, along with $60 in filing fee, to be sufficient to compensate Plaintiff. Therefore, the Court awards Plaintiff $760 in monetary sanctions against Defendant. Sanctions are to be paid within thirty (30) days from the date of serving a notice of this Order by Plaintiff.

Moving party to give notice.