Case Number: BC651857 Hearing Date: May 30, 2018 Dept: 53

glenn spears vs. smart & final stores llc , et al.; BC651857, MAY 30, 2018

[Tentative] Order RE: PLAINTIFF’S MOTION TO COMPEL DEFENDANT SMART & FINAL LOGISTICS LLC’S FURTHER RESPONSES TO REQUEST FOR ADMISSIONS, SET ONE

Plaintiff GLENN SPEARS’ Motion to Compel Defendant Smart & Final Logistics LLC’s Further Responses to Request for Admissions, Set One is GRANTED. Plaintiff’s Request for Monetary Sanctions is GRANTED in the amount of $2,185.00.

BACKGROUND

Plaintiff Glenn Spears (“Spears”) filed this employment action on February 24, 2017 against Defendants Smart & Final Stores LLC, Smart & Final Logistics, LLC (“Logistics”), Smart & Final LLC, Smart & Final Properties I LLC, and Smart & Final Stores, Inc.

On September 28, 2017, Spears served Request for Admissions, Set One on Logistics. (Poster Decl., ¶ 2.) On November 2, 2017, Logistics served its responses. (Poster Decl., ¶ 3.) Upon determining that a meet and confer was necessary, counsel for Spears sent counsel for Logistics a meet and confer letters requesting further responses. (Poster Decl., ¶ 4.)

An informal discovery conference (“IDC”) was held with the parties on May 4, 2018 to discuss the responses to the Request for Admissions as well as other written discovery propounded by Spears. The Court notes that Spears has withdrawn its other motions, but the instant one remains on calendar. No opposition to this motion was ever filed.

DISCUSSION

Where responses to a request for admission have been timely filed but are deemed deficient by the requesting party (e.g., because of objections or evasive responses), that party may move for an order compelling a further response. (Code Civ. Proc., § 2033.290.)

Here, the Court finds that in light of the non-opposition by Logistics, that further response to the Requests for Admission at issue is warranted. The Court also finds that the objections by Logistics to the Requests for Admission are not well-taken, and that the substantive responses by Logistics are improper and evasive. Therefore, the motion to compel is granted. The Court also grants Spears’ request for monetary sanctions, but reduces to a reasonable hourly rate of $250/hour and further reduces the time estimated to be spent on reviewing the opposition and preparing a reply since there was no opposition. Therefore, the Court will award $2,185.00 to Spears.

CONCLUSION

For the foregoing reasons, Spears’ Motion to Compel Further Responses to Request for Admissions, Set One is GRANTED. Logistics is ordered to provide verified supplemental responses, without objections, to the Requests for Admission at issue. The Court also awards monetary sanctions to Spears in the amount of $2,185.00, to be paid to counsel for Spears within 20 days of this Order.

Spears is to provide notice of this ruling.

DATED: May 30, 2018

_____________________________

Howard L. Halm

Judge of the Superior Court