Case Number: 17K06065 Hearing Date: April 26, 2018 Dept: 94

Plaintiff Interinsurance Exchange of the Automobile Club’s Motions to Deem Request for Admissions as Admitted, Compel Responses to Form Interrogatories, and Request for Sanctions are GRANTED.

On May 16, 20167 Plaintiff Interinsurance Exchange of the Automobile Club (“Plaintiff”) filed this action against Defendant Ibonne Judith G. Gomez Salas (“Defendant”).

On March 8, 2018, Plaintiff filed Motions to Deem Request for Admissions as Admitted, Compel Responses to Form Interrogatories, and Request for Sanctions (collectively, the “Motions”).

Discussion

On November 20, 2017, Plaintiff served a Request for Admissions and Form Interrogatories on Defendant. (Tapper Decls. ¶ 2, Exhs. As.) To date, Defendant has not responded to Plaintiff’s discovery requests. (Id. ¶ 5.)

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, Defendant is ordered to serve verified responses, without objections, to Plaintiff’s Form Interrogatories within twenty (20) days of the date of serving a notice of this Order by Plaintiff.

Plaintiff requests monetary sanctions in the amount of $1,165 for each of the two Motions. (Id. ¶ 6.) Plaintiff requests an hourly rate of $225 for three (3) hours to travel and appear for each of the Motions and two (2) hours to prepare each of the Motions, plus $40 in filing fee for each of the Motions.

Because the Motions have been granted, monetary sanctions are mandatory under CCP §§ 2033.280(c) and 2030.290(c). Given the simplicity of the instant Motions, the Court finds that one (1) hour to prepare each of the Motions and one (1) hour to appear at the hearing for both Motions, at a reasonable rate of $225 per hour, along with $80 in filing fees, to be sufficient to compensate Plaintiff. Therefore, the Court awards Plaintiff $755 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.