18-CIV-01025 ALLY FINANCIAL INC., ET AL. VS. CEVERA AUTOMOTIVE GROUP, LLC, ET AL.
ALLY FINANCIAL INC. CEVERA AUTOMOTIVE GROUP, LLC
DONALD H. CRAM BRADY D. MCLEOD
MOTION FOR ORDER: 1) DEEMING THE GENUINENESS OF DOCUMENTS AND THE TRUTH OF MATTERS SPECIFIED IN REQUESTS FOR ADMISSIONS ADMITTED BY DEFENDANTS; 2) COMPELLING DEFENDANTS TO: A) RESPOND TO FORM INTERROGATORIES AND REQUESTS FOR PRODUCTION AND B) PRODUCE DOCUMENTS AND 3) FOR MONETARY SANCTIONS BY ALLY FINANCIAL INC. AND ALLY BANK TENTATIVE RULING:
Plaintiffs Ally Financial, Inc. and Ally Bank’s 01-25-19 Motion to (a) Deem Admitted Requests for Admissions (RFAs) and the Genuineness of Documents, (b) Compel Responses to Form Interrogatories (Set One) and Requests for Production (Set One), (c) Compel the Production of Documents and (d) for Monetary Sanctions is GRANTED-INPART and DENIED-IN-PART as set forth below.
The motion to deem RFAs admitted and to deem the genuineness of documents admitted is GRANTED. Code Civ. Proc. §2033.280.
The Motion to Compel Responses to Form Interrogatories (Set One) and Request for Production of Documents (Set One) is GRANTED. Code Civ. Proc. §§2030.290; 2031.300. All objections are waived. Id.
The Motion to Compel the Production of Documents is DENIED. No responses to the Requests for Production have been served. There is no basis to compel production of the documents under Code Civ. Proc. §2031.320 because there has been no noncompliance with a promise to produce. The Request for Sanctions is GRANTED-IN-PART. The Court awards sanctions jointly and severally against Defendants Cevera Automotive Group, LLC and Robert Branzuela in the amount of $2,520.00, based on seven (7) hours of attorney time (7 hours x $360.00/hr. = $2,520.00). The sanctions shall be paid to Plaintiffs within 20 days of this Order.