Granted Plaintiff has not provided verified responses. Accordingly, the motion to deem requests for admission admitted is granted. If Plaintiff provides verified responses prior to the hearing, the court will consider whether those responses substantially comply with CCP §2033.220. The court shall impose monetary sanctions against the losing party on a motion to compel unless it finds that party acted with “substantial justification” or other circumstances render the sanction unjust. (CCP §2030.290(c).) Given that the court does not have any evidence or testimony regarding Plaintiff’s illness or any potential reason to justify her failure to provide verified responses, sanctions are appropriate. Defendant’s counsel asks for $740 in sanctions per motion, broken down as follows: 1 hour preparing motion at $325/hour + 1 hour preparing Reply and hearing at $325/hour + $90 filing fee. The requested fees are reasonable and are awarded.
Hearing Date
April 13, 2021
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Granted Plaintiff has not provided verified responses. Accordingly, the motion to deem requests for admission admitted is granted. If Plaintiff provides verified responses prior to the hearing, the court will consider whether those responses substantially comply with CCP §2033.220. The court shall impose monetary sanctions against the losing party on a motion to compel unless it finds that party acted with “substantial justification” or other circumstances render the sanction unjust. (CCP §2030.290(c).) Given that the court does not have any evidence or testimony regarding Plaintiff’s illness or any potential reason to justify her failure to provide verified responses, sanctions are appropriate. Defendant’s counsel asks for $740 in sanctions per motion, broken down as follows: 1 hour preparing motion at $325/hour + 1 hour preparing Reply and hearing at $325/hour + $90 filing fee. The requested fees are reasonable and are awarded.