This case was last updated from Los Angeles County Superior Courts on 03/14/2020 at 04:02:37 (UTC).

JAIME REYES VS HAPPY TOMS BURGERS, ET AL.

Case Summary

On 10/11/2019 JAIME REYES filed a Civil Right - Other Civil Right lawsuit against HAPPY TOMS BURGERS. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******9443

  • Filing Date:

    10/11/2019

  • Case Status:

    Other

  • Case Type:

    Civil Right - Other Civil Right

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

REYES JAIME

Defendants

HAPPY TOMS LLC

HAPPY TOMS BURGERS

SANCHEZ RAUL

Attorney/Law Firm Details

Plaintiff Attorney

SHIN TED

Defendant Attorney

GOLDBERG ALAN

 

Court Documents

Request for Dismissal - Request for Dismissal

3/2/2020: Request for Dismissal - Request for Dismissal

Request for Dismissal - Request for Dismissal

3/9/2020: Request for Dismissal - Request for Dismissal

Answer - Answer

1/6/2020: Answer - Answer

Notice of Motion - Notice of Motion

2/6/2020: Notice of Motion - Notice of Motion

Notice of Motion - Notice of Motion

2/6/2020: Notice of Motion - Notice of Motion

Notice of Motion - Notice of Motion

2/6/2020: Notice of Motion - Notice of Motion

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

10/11/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Civil Case Cover Sheet - Civil Case Cover Sheet

10/11/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Complaint - Complaint

10/11/2019: Complaint - Complaint

Summons - Summons on Complaint

10/11/2019: Summons - Summons on Complaint

First Amended Standing Order - First Amended Standing Order

10/11/2019: First Amended Standing Order - First Amended Standing Order

Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

10/15/2019: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

 

Docket Entries

  • 03/10/2020
  • DocketNon-Jury Trial scheduled for 04/09/2020 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 03/10/2020

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  • 03/10/2020
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 05/12/2020 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 03/10/2020

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  • 03/10/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 10/14/2022 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 03/10/2020

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  • 03/10/2020
  • DocketHearing on Motion - Other Request for Admissions Admitted scheduled for 03/10/2020 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 03/10/2020

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  • 03/09/2020
  • DocketOn the Complaint filed by Jaime Reyes on 10/11/2019, entered Request for Dismissal with prejudice filed by Jaime Reyes as to the entire action

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  • 03/09/2020
  • DocketRequest for Dismissal; Filed by: Jaime Reyes (Plaintiff); As to: Happy Toms Burgers (Defendant); Happy Toms LLC (Defendant); Raul Sanchez (Defendant)

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  • 03/03/2020
  • DocketUpdated -- Request for Dismissal Filed Not Entered: Name Extension: Filed Not Entered; As To Parties: removed

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  • 03/03/2020
  • DocketHearing on Motion - Other Request for Admissions Admitted scheduled for 03/10/2020 at 10:30 AM in Spring Street Courthouse at Department 25

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  • 03/03/2020
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 05/12/2020 at 10:30 AM in Spring Street Courthouse at Department 25

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  • 03/03/2020
  • DocketNon-Jury Trial scheduled for 04/09/2020 at 08:30 AM in Spring Street Courthouse at Department 25

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16 More Docket Entries
  • 10/15/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 10/15/2019
  • DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Jaime Reyes (Plaintiff)

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  • 10/15/2019
  • DocketNon-Jury Trial scheduled for 04/09/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 10/15/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 10/14/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 10/11/2019
  • DocketComplaint; Filed by: Jaime Reyes (Plaintiff); As to: Happy Toms Burgers (Defendant); Happy Toms LLC (Defendant); Raul Sanchez (Defendant)

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  • 10/11/2019
  • DocketRequest to Waive Court Fees; Filed by: Jaime Reyes (Plaintiff)

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  • 10/11/2019
  • DocketSummons on Complaint; Issued and Filed by: Jaime Reyes (Plaintiff); As to: Happy Toms Burgers (Defendant); Happy Toms LLC (Defendant); Raul Sanchez (Defendant)

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  • 10/11/2019
  • DocketCivil Case Cover Sheet; Filed by: Jaime Reyes (Plaintiff); As to: Happy Toms Burgers (Defendant); Happy Toms LLC (Defendant); Raul Sanchez (Defendant)

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  • 10/11/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 10/11/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC09443    Hearing Date: March 19, 2020    Dept: 25

MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED; REQUEST FOR SANCTIONS

(CCP § 2033.280)

TENTATIVE RULING:

Defendant Happy Toms, LLC’s Motion for Order Deeming Truth of Matters Admitted is GRANTED. Defendant’s request for sanctions is also GRANTED in the reduced amount of $360.00 to be paid within thirty (30) days of service of notice of this order.

ANALYSIS:

  1. Background

On October 11, 2019, Plaintiff Jaime Reyes (“Plaintiff”) filed an action for discrimination on the basis of disability in public accommodations against Defendants Happy Toms Burgers, Raul Sanchez, and Happy Toms, LLC (“Defendant”) (collectively, “Defendants”). On January 6, 2020, Defendant Happy Toms, LLC filed an Answer.

On February 6, 2020, Defendant Happy Toms, LLC filed the instant Motion for Order Deeming Truth of Matters Admitted and Request for Sanctions (the “Motion”). No opposition was filed.

On March 2, 2020, Plaintiff filed a Request for Dismissal to dismiss the entire action with prejudice. (3/2/20 Request for Dismissal.) However, dismissal was not entered because the form did not include a signature date on pages 1 and 2. (Id.)

  1. Legal Standard & Discussion

  1. Requests for Admission

A party must respond to requests for admissions within 30 days after service of such requests. (Code Civ. Proc., § 2033.250, subd. (a).) “If a party to whom requests for admission are directed fails to serve a timely response…(a) [that party] waives any objection to the requests, including one based on privilege or on the protection for work product…” (Code Civ. Proc., § 2033.280, subd. (a).) “The requesting party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction under Chapter 7.” (Id. at subd. (b).) A motion dealing with the failure to respond, rather than with inadequate responses, does not require the requesting party to meet and confer with the responding party. (Deymer v. Costa Mesa Mobile Home Estates (1995) 36 Cal.App.4th 393, 395, fn. 4 [disapproved on other grounds in Wilcox v. Birtwhistle (1999) 21 Cal.4th 973]. There is no time limit within which a motion to have matters deemed admitted must be made. (Brigante v. Huang (1993) 20 Cal.App.4th 1569, 1585.)

Here, Defendant Happy Toms, LLC served Plaintiff with Requests for Admission, Set One, on December 9, 2019 by mail. (Mot., Tran Decl., ¶ 2, Exh. 1.) Defendant sent a follow-up letter to Plaintiff on January 21, 2020 regarding the lack of discovery responses. (Id. at ¶ 6.) To date, Defendant has not received any responses. (Id. at ¶ 8.) Thus, Defendant is entitled to an order deeming the Requests for Admission, Set One, admitted against Plaintiff. (Code Civ. Proc., § 2033.280.)

  1. Sanctions

Code of Civil Procedure section 2023.030, subdivision (a) provides, in pertinent part, that the court may impose a monetary sanction on a party engaging in the misuse of the discovery process to pay the reasonable expenses, including attorney’s fees, incurred by anyone as a result of that conduct. A misuse of the discovery process includes failing to respond or to submit to an authorized method of discovery. (Code Civ. Proc., § 2023.010, subd. (d).) Furthermore, it is “mandatory that the Court impose a monetary sanction…on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion.” (Code Civ. Proc., § 2033.280, subd. (c).)

The Court finds Plaintiff’s failure to respond to Defendant’s Requests for Admission a misuse of the discovery process. In addition, the Court is required to impose a monetary sanction for failing to respond to Defendant’s Requests for Admission under Code of Civil Procedure section 2033.280, subdivision (c).

Defendant’s counsel requests a total of $1,335.00 in sanctions, which includes 5 hours of attorney time billed at $300.00 per hour for attorney Peter Tran, 0.5 hours of attorney time billed at $450.00 per hour for attorney Alan Goldberg, and a $60.00 filing fee. (Mot., Tran Decl., ¶ 10.) However, the amount sought is excessive given the simplicity of this Motion and the lack of opposition and reply. Defendant’s request for sanctions is GRANTED in the reduced amount of $360.00 based on one hour of attorney time billed at $300.00 and one filing fee of $60.00. Plaintiff is ordered to pay sanctions within thirty (30) days of service of notice of this order.

  1. Conclusion & Order

For the foregoing reasons, Defendant Happy Toms, LLC’s Motion for Order Deeming Truth of Matters Admitted is GRANTED. Defendant’s request for sanctions is also GRANTED in the reduced amount of $360.00 to be paid within thirty (30) days of service of notice of this order.

Moving party is ordered to give notice.