Motion to deem the truth of all matters specified in RFAs admitted by Defendant, and for Sanctions
9:00 22CV400450 Norma Rojas Order on Plaintiff’s Motion to deem 5 v. the truth of all matters specified in Spread Your Wings, LLC, et al. RFAs admitted by Defendant, and for Sanctions
See Line 5 below for complete tentative ruling.
After the hearing, the Court will prepare and file the formal Order.
9:00 25CV477783 Joseph Rostam Order on Plaintiff’s Amended Motion 6 v. for Case Management Relief, to Daniel A. Gonzales, et al. Compel Good-Faith Mediation Participation, and for Sanctions
See Line 6 below for complete tentative ruling.
After the hearing, the Court will prepare and file the formal Order.
9:00 24CV451323 City of Sunnyvale Order on Gerald L. Nigro’s Objection 7 v. to Receiver’s Status Report Dated Rosella Montoya Lopes, et al. November 26, 2025
As the Court dismissed without prejudice this receivership action on agreement of all parties (including Mr. Nigro, whom the Court first appointed as Successor in Interest to the deceased Defendant Lopes) at the July 8, 2026 Case Management Conference (see 07/08/2026 Minute Order), this Motion objecting to the November 26, 2026 Receiver’s Report is VACATED as MOOT.
SO ORDERED.
Line 5 Case Name: Norma Rojas v. Spread Your Wings, LLC, et al. Case No.: 22CV400450 Plaintiff Norma Rojas (“Plaintiff”) moves under Code of Civil Procedure Sections 2033.010, 2033.020, and 2033.280 to deem the truth of all matters specified in Plaintiff’s Request for Admissions, Set One (“RFAs”) served on Defendant Spread Your Wings, LLC (“Defendant”) on October 22, 2025, to be admitted by Defendant, and for monetary sanctions against Defendant including attorneys’ fees and costs for this Motion. Notice of Motion (the “Motion”) at 1:21-24 (filed: Dec. 19, 2025).
The Motion came on for hearing on July 15, 2026, at 9:00 AM in Department 16. After reviewing all the papers and the record, and giving counsel for all parties the full and fair opportunity to be heard, the Court finds and rules as follows.
Plaintiff served the Requests for Admissions, Set One, on Defendant on October 22, 2025. Declaration of attorney Adam S. Juratovac In Support of Motion (“Juratovac Decl.”) at ¶ 2 & Exhibit A thereto (filed: Dec. 19, 2025).
Defendant never responded to the Requests for Admissions, Set One, despite his obligation to respond under Code of Civil Procedure Section 2033.240. Juratovac Decl. at ¶ 3.
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Moreover, Defendant has failed to oppose the Motion, which the Court views as Defendant conceding the Motion. D.I. Chadbourne, Inc. v. Super. Ct. (1964) 60 Cal.2d 723, 728, fn. 4.; California Practice Guide: Civil Procedure Before Trial ¶ 9:105.10, Ch. 9 at pp. 94-95 (failure to file opposition papers to motion is treated “as an admission that the motion is meritorious”) (Weil & Brown, The Rutter Group, 2025 Ed.); see also Rule of Court 8.54(c): “A failure to oppose a motion may be deemed a consent to the granting of the motion.” CRC Rule 8.54(c).
The Motion is well supported by the law, well supported by the facts set forth in the Juratovac Declaration, and reasonable except with respect to the total amount of sanctions it seeks here as the Court will now explain.
Because Defendant has committed a misuse of the discovery process under Code of
Civil Procedure Section 2023.010(d) by failing to respond to these RFAs, an authorized method of discovery, the Court under Code of Civil Procedure Section 2023.030(a) “may impose a monetary sanction ordering that the one engaging in the misuse of the discovery process, or any attorney advising that conduct, or both pay the reasonable expenses, including attorneys’ fees, incurred by anyone as a result of that conduct.” C.C.P. § 2023.030(a) (emphasis added).
Hence, while the Court here may and will award Plaintiff a monetary sanction paid by Defendant for Plaintiff’s reasonable attorney’s fees and costs incurred for this Motion, the amount of this sanction is within the wide discretion of the Court. Simply put, the Court gets to determine what amount is reasonable under these circumstances.
Here, in this Motion, Plaintiffs requests that the Court impose a monetary sanction on Defendant in the total amount of $3,542.70, specifically comprising (a) $60 cost of filing the motion; (b) $18.95 electronic filing fee; and (c) $3,463.75 in attorneys’ fees. Juratovac Decl. at ¶ 8.
While the $78.95 ($60 + $ 18.95) in filing costs sought is reasonable, the amount of $3,463.75 for attorneys’ fees sought for this Motion is unreasonable because this Motion is a layup. All Plaintiff had to do to win was point that it duly served on Defendant the RFAs (she did); California law requires Defendant to respond to these RFAs (it does), and Defendant failed to respond (it never did respond). That reasonably should take able counsel for Plaintiff 1.50 hours total at a reasonable rate of $700 per hour, which equals $1,050.00 for reasonable attorneys’ fees incurred for this Motion.
Accordingly, the Court GRANTS and awards Plaintiff a total monetary sanction against Defendant of $1,128.95, which equals $1,050.00 in Plaintiff’s reasonable attorneys’ fees plus reasonable filing costs of $78.15 for this Motion.
Conclusion & Order
Accordingly, Plaintiff’s Motion is GRANTED. Specifically, the Court ORDERS:
1. That the truth of all matters specified in Plaintiff’s Requests for Admissions, Set One, served on Defendant on October 22, 2025, is deemed admitted by Defendant Spread Your Wings, LLC; and
2. Within thirty days of today, Defendant Spread Your Wings, LLC must pay Plaintiff Norma Rojas a total monetary sanction of $1,128.95 for Plaintiff’s reasonable attorneys’ fees and costs for this Motion.
Defendant Spread Your Wings, LLC is put on NOTICE that if it fails to comply with this ORDER within 30 days of today, then Defendant Spread Your Wings, LLC will be subject to further escalating sanctions, including monetary and non-monetary sanctions such as evidentiary, issue, and terminating sanctions.
SO ORDERED.
Date: July 15, 2026 Hon. Vincent I. Parrett Superior Court of the State of California, County of Santa Clara
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