17-CLJ-03135 WELLS FARGO BANK, N.A. VS. PRAGUE J. NIMEZ

WELLS FARGO BANK, N.A. LAURA M. HOALST PRAGUE J. NIMEZ ADRIEANEETTE CICCONE

MOTION TO DEEM FACTS ADMITTED

 GRANTED. Defendant Wells Fargo Bank’s unopposed Motion To Deem Facts As Admitted is Granted. The request for sanctions is granted pursuant to CCP §2033.280(c). Defendant shall pay Plaintiff $260 within 20 days of Notice of Entry of Order.

 This is a collection action in which Plaintiff (Plt) Wells Fargo Bank seeks to recover $ 11,390 in unpaid credit card charges from Defendant (Def) Prague Nimez.

 On November 17, 2017, plt served def with requests for admission. To date, no responses have been received. Consequently, CCP 2033.280(b) permits the court to enter an order deeming the facts in the requests to be admitted. In addition, the court shall impose monetary sanctions pursuant to CCP §2033.280(c). Def should be ordered to pay plt $260 for expenses incurred in bringing this motion.

 Def has not filed any opposition and plt has provided sufficient POS for the underlying discovery requests and this motion. According to the declaration of Stephen Zeller, no responses have been received to date.

 The request for sanctions should be also be granted. CCP §2033.280(c) states it is mandatory that the court impose a monetary sanction against the party or attorney whose failure to serve a timely response necessitated the motion. Here, the Zeller declaration indicates plt has incurred $260 in expenses in connection with this motion. (One hour to prepare the motion at $200 per hour plus a $60 filing fee. Id. at ¶6.)