Case Number: BC649639 Hearing Date: June 06, 2018 Dept: 37

CASE NAME: Solomon v. JPMorgan Chase Bank, et al.

CASE NO.: BC649639

HEARING DATE: 6/6/18

DEPARTMENT: 37

CALENDAR NO.: 7

FILING DATE: 2/6/17

FSC/TRIAL DATE: None

NOTICE: OK

SUBJECT: (1) Motion for Order Establishing Admissions; (2) Motion to Compel Responses to Interrogatories and Request for Documents

MOVING PARTY: Defendant Select Portfolio Servicing, Inc.

OPPOSING PARTY: None

COURT’S TENTATIVE RULING

Defendant Select Portfolio Servicing, Inc.’s motion for an order establishing admissions is GRANTED. Defendant’s motion to compel responses to its interrogatories and request for documents is DENIED without prejudice, for failure to demonstrate service of the discovery on Plaintiff. The court awards Defendant SPS monetary sanctions in the amount of $465 against Plaintiff and her counsel Steven W. Burt, jointly and severally, in connection with the RFAs. Counsel for Defendant Select Portfolio Servicing, Inc. to give notice.

Defendant SPS requests monetary sanctions in connection with the subject motions. As the court only grants the motion with respect to the RFAs, Defendant is only entitled to recover a monetary sanction in connection with that motion. Defendant’s counsel Ramos attests to an hourly rate of $250 and to spending 1.7 hours in connection with the motion for an order establishing admissions and attests to incurring $425 in attorney’s fees and $40 for the filing fee. (Ramos Decl. ¶ 9.) Ramos additionally requests $2,000 and anticipates spending 8 hours to prepare a reply for any opposition and to attend the hearing on the motion. (Ibid.)

Given the straightforward nature of the subject motion and the substantially duplicative nature of Ramos’ declarations, and given that Plaintiff has not filed an opposition, the court finds it appropriate to award Defendant SPS $465 in total monetary sanctions in connection with its motion for an order establishing admissions, jointly and severally against Plaintiff and her counsel Steven W. Burt.